State v. Morgan

107 Wash. App. 153
CourtCourt of Appeals of Washington
DecidedJuly 10, 2001
DocketNo. 19475-2-III
StatusPublished
Cited by5 cases

This text of 107 Wash. App. 153 (State v. Morgan) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Morgan, 107 Wash. App. 153 (Wash. Ct. App. 2001).

Opinion

Brown, A.C.J.

In August 1990 at sentencing, the trial court ordered Stuart Morgan to pay legal financial obligations. In May 2000, the trial court extended the time to execute judgment for an additional 10 years. Mr. Morgan [155]*155appealed. Because we hold for the first time (1) the trial court had retroactive jurisdiction to extend the time to execute on the judgment, and (2) a prosecutor has standing to make the extension application, we affirm.

FACTS

On August 17,1990, the Yakima County Superior Court entered a judgment ordering Mr. Morgan to pay $944.85 in court costs, victim assessment, and attorney fees following conviction of a crime. On May 1, 2000, Mr. Morgan moved pro se for relief from judgment and to strike the underlying cause number, among others.

On May 17, 2000, the State applied to the trial court for an order granting an additional 10 years to execute judgment. The application alleged that Mr. Morgan owed $1,508.95 in “costs, fees, assessments and restitution” on the relevant cause. Clerk’s Papers at 4. Pursuant to the State’s motion, the trial court entered a show cause order requiring Mr. Morgan to appear on May 31, 2000 and show cause why the trial court should not extend the time for execution of judgment for another 10 years.

On May 25, 2000, Mr. Morgan filed a pro se motion and affidavit requesting to appear by mail because he was in a correctional facility in Spokane County. At the May 31, 2000 show cause hearing, the prosecutor informed the trial court of Mr. Morgan’s incarceration and his opposition to the time extension for executing judgment. The trial court then entered an order extending the execution of judgment for another 10 years.

Mr. Morgan appealed.

ANALYSIS

A. Jurisdiction and Retroactivity

This first-time issue is whether the trial court had jurisdiction to retroactively extend a judgment entered [156]*156prior to June 9,1994, the effective date of RCW 6.17.020(3).

This issue turns on the correct meaning of RCW 6.17.020 and RCW 9.94A.142. Statutory interpretations are given de novo review. State v. Azpitarte, 140 Wn.2d 138, 140-41, 995 P.2d 31 (2000). Absent ambiguity, the reviewing court relies solely on the plain language of the statute. Id. at 141. We read related provisions together so as to “achieve a harmonious and unified statutory scheme that maintains the integrity of the respective statutes.” State v. Chapman, 140 Wn.2d 436, 448, 998 P.2d 282, cert. denied, 531 U.S. 984 (2000) (citing In re Estate of Kerr, 134 Wn.2d 328, 336, 949 P.2d 810 (1998)).

The State correctly argues RCW 9.94A.142(1) authorizes the trial court to retain jurisdiction for 10 years after judgment for purposes of restitution and permits the trial court to extend jurisdiction another 10 years for purposes of restitution provided such extension is ordered prior to expiration of the original 10-year period.

RCW 9.94A.142(6) authorizes the State or victim to “enforce the court-ordered restitution in the same manner as a judgment in a civil action.” In this connection, RCW 6.17.020 partly provides:

A party who obtains a judgment or order for restitution, crime victims’ assessment, or other court-ordered legal financial obligations pursuant to a criminal judgment and sentence may execute the judgment or order any time within ten years subsequent to the entry of judgment and sentence or ten years following the offender’s release from total confinement as provided in chapter 9.94A RCW.

RCW 6.17.020(4).

Thus, RCW 6.17.020(4) authorizes the trial court to treat all court-ordered financial obligations arising from a criminal judgment and sentence as a matter subject to the provisions of chapter 9.94A RCW. The broad reference to chapter 9.94A RCW means the jurisdictional provisions of RCW 9.94A. 142(1) necessarily apply.

[157]*157Mr. Morgan relies on RCW 6.17.020(3), which partly states:

After June 9,1994, a party in whose favor a judgment has been rendered pursuant to subsection (1) or (4) of this section may, within ninety days before the expiration of the original ten-year period, apply to the court that rendered the judgment for an order granting an additional ten years during which an execution may be issued.

Mr. Morgan contends RCW 6.17.020(3) does not apply because the judgment predates June 9, 1994. His argument is partly correct, but ultimately unpersuasive. The statute applies prospectively in the sense that a party seeking an extension cannot obtain one for a judgment that had expired before the effective date of the statute.

The grammatically accurate interpretation of the phrase that follows “after June 9, 1994,” “a party in whose favor a judgment has been rendered,” indicates the relevant judgment could be one in existence as of the effective date of the statute. This interpretation is reinforced when one compares the above-quoted phrase with RCW 6.17.020(2), which partly states, “[a]fter July 23, 1989, a party who obtains a judgment.. . may have an execution issued.” The different verb tense indicates that RCW 6.17.020(2) applies solely to judgments entered after July 23, 1989.

Accordingly, RCW 6.17.020(3) applies to judgments expiring after its effective date even if those judgments had arisen prior to the statute’s enactment. A recent Court of Appeals, Division One, case indicates that RCW 6.17.020(3) may apply to judgments rendered prior to the effective date of the statute. See Summers v. Dep’t of Revenue, 104 Wn. App. 87, 89-92,

Related

Sessom v. Mentor
155 Wash. App. 191 (Court of Appeals of Washington, 2010)
In Re Brady
224 P.3d 842 (Court of Appeals of Washington, 2010)
In re the Personal Restraint of Brady
154 Wash. App. 189 (Court of Appeals of Washington, 2010)
State v. Morgan
26 P.3d 965 (Court of Appeals of Washington, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
107 Wash. App. 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morgan-washctapp-2001.