State v. Masangkay

91 P.3d 140
Court of Appeals of Washington·Decided June 7, 2004·No. 52096-2-I·Published·Cited by 8 cases

Opinion

91 P.3d 140 (2004)
121 Wash.App. 904

STATE of Washington, Appellant,
v.
Jason MASANGKAY, D.O.B. 8/10/84, Respondent.

No. 52096-2-I.

Court of Appeals of Washington, Division 1.

June 7, 2004.

*141 Charles Wesley Lind, Attorney at Law, Seattle, WA, for Appellant.

Jason Brett Saunders, WA Appellate Project, Seattle, WA, for Respondent.

COLEMAN, J.

Jason Masangkay pleaded guilty to robbery in the second degree and was placed in custody at a juvenile detention facility. Less than three years after his release, he decided to join the Marines. He requested and was granted a "certificate of rehabilitation" to reinstate his right to possess firearms.

We reverse the trial court because RCW 9.41.040(3), which contains the "certificate of rehabilitation" language Masangkay relies upon, cannot be reasonably interpreted as authorization for Washington courts to issue certificates of rehabilitation.

FACTS

After pleading guilty to second degree robbery in juvenile court, 14-year-old Jason Masangkay was sentenced to several months in custody. As a result of his conviction, he lost the right to possess firearms. In December 2002, when he was 18 years old and had been out of custody for almost three years, Masangkay petitioned the court to grant him a certificate of rehabilitation under RCW 9.41.040(3), so that he could regain his right to possess firearms and join the Marines. He presented evidence that he had made substantial achievements toward becoming a good student and citizen during his time out of custody.

The trial court initially decided that Washington law did not authorize it to grant Masangkay's petition, but on reconsideration, it decided that RCW 9.41.040(3) could be interpreted to permit it to issue certificates of rehabilitation. The State appealed.

ANALYSIS

This case involves statutory construction, which is reviewed de novo. Rettkowski v. Dep't of Ecology, 128 Wash.2d 508, 515, 910 P.2d 462 (1996). The fundamental objective is to ascertain and carry out the intent of the legislature. Rozner v. City of Bellevue, 116 Wash.2d 342, 347, 804 P.2d 24 (1991). "Where statutory language is plain and unambiguous, the statute's meaning must be derived from the wording of the statute itself." Rozner, 116 Wash.2d at 347, 804 P.2d 24. When the legislature's intent is not clear from the face of the statute, the court may resort to various tools of statutory construction in determining which interpretation best advances the legislature's intent. Rozner, 116 Wash.2d at 347, 804 P.2d 24.

The question presented is whether the legislature intended RCW 9.41.040(3) to authorize Washington courts to issue a certificate of rehabilitation to allow a person convicted of certain felony crimes to regain the right to possess firearms. That statute provides:

Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of *142 guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.

RCW 9.41.040(3) (emphasis added). This question was left unanswered by this court in Nakatani v. State, 109 Wash.App. 622, 36 P.3d 1116 (2001), which stated in a footnote,

[T]the authority of Washington courts to issue [certificates of rehabilitation] is not before us in this case. We also express no opinion regarding Nakatani's right to request an equivalent finding of rehabilitation in a separate Superior Court proceeding. If Nakatani files such a petition, the trial court will then be in a position to evaluate whether and under what circumstances RCW 9.41.040(3) authorizes the court to issue certificates of rehabilitation or make equivalent findings.

Nakatani, 109 Wash.App. at 628 n. 3, 36 P.3d 1116. While Nakatani did not expressly reject the trial court's authority to issue certificates of rehabilitation, the issue is squarely before us now.

Masangkay contends that prior Washington cases have recognized RCW 9.41.040(3) as authorizing Washington courts to consider such petitions, but the State disagrees. The State argues that RCW 9.41.040(3) does not authorize the courts to issue certificates of rehabilitation and that RCW 9.41.040(4) is the exclusive means for Masangkay to regain his firearm rights. Under that statute, Masangkay must wait at least five years following his release from custody to be eligible to regain those rights.[1]

Contrary to Masangkay's contention, no Washington case has gone as far as recognizing that RCW 9.41.040(3) has established a procedure for Washington courts to issue certificates of rehabilitation. In one case cited by Masangkay, Morris v. Blaker, 118 Wash.2d 133, 821 P.2d 482 (1992), the court merely acknowledged that the language of RCW 9.41.040(3) existed. In another case,

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State v. Masangkay, 91 P.3d 140 (Wash. Ct. App. 2004).

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