State v. Ramos

217 P.3d 384, 152 Wash. App. 684
Court of Appeals of Washington·Decided October 13, 2009·No. 25740-1-III, 27524-8-III·Published·Cited by 7 cases

Opinion

217 P.3d 384 (2009)

STATE of Washington, respondent,
v.
Joel R. RAMOS, Appellant.
In re Personal Restraint Petition of Joel Ramos, Petitioner.

Nos. 25740-1-III, 27524-8-III.

Court of Appeals of Washington, Division 3.

October 13, 2009.

*385 Sheryl G. McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, WA, for Appellant.

Kenneth L. Ramm, Jr., Deputy Prosecuting Attorney, Yakima, WA, for Respondent.

KORSMO, J.

¶ 1 Joel Ramos challenges his 1993 convictions for four counts of first degree murder, arguing that the juvenile court lacked authority to grant his request to decline jurisdiction to the Yakima County Superior Court. We disagree. He also argues that the three counts of first degree felony murder should be reduced to one count because they occurred in the course of the same robbery. We also disagree with that argument and affirm the convictions. His accompanying personal restraint petition (PRP) is dismissed.

FACTS[1]

¶ 2 Mr. Ramos and his friend, Miguel Gaitan, both 14, broke into the Skelton family home on March 24, 1993. They were armed with knives. Mr. Michael Skelton, who was disabled, confronted the burglars and was stabbed and beaten to death by the two young men.[2] Mr. Gaitan then attacked and *386 killed Mrs. Lynn Skelton in the bathroom shower. He stabbed her 51 times and also beat her with a baseball bat. Twelve-year-old Jason Skelton went to his mother's aid. Gaitan killed him as well; Jason's body was found near his mother's.

¶ 3 The two young men searched the house for items to steal. They found six-year-old Bryan Skelton in his bedroom and told the youngster to go to sleep. They pulled the bedcovers over his head and Mr. Ramos then hit Bryan in the head with a piece of firewood, fracturing his skull. Bryan was also stabbed in the heart. Mr. Ramos later told the court that he killed Bryan in order to prevent him from identifying the two assailants.

¶ 4 The police investigation ultimately led to Mr. Ramos and Mr. Gaitan. Each was charged in the juvenile court with four counts of aggravated first degree murder; the prosecution filed a request for each young man to be declined to superior court. Mr. Gaitan was declined to adult court. A jury ultimately convicted him as charged and the trial court sentenced him to four consecutive terms of life in prison without possibility of parole.[3] This court upheld the declination ruling and affirmed the convictions.[4]

¶ 5 Counsel for Mr. Ramos reached a plea agreement with the prosecution while the Gaitan case was pending trial. Mr. Ramos agreed to waive juvenile court jurisdiction and plead guilty in superior court. His counsel presented a waiver form to the judge and explained the efforts made to prepare for the declination hearing. They also told the court how Mr. Ramos had been consulted at each step of the process. He had discussed the proposed plea agreement with his mother. The family had also sought a "second opinion" about the offer—presumably from another attorney.

¶ 6 The juvenile court judge considered the waiver and questioned Mr. Ramos about it at some length. Mr. Ramos confirmed that he had worked with his attorneys and consulted with his mother on the decision. After reviewing the stipulation and considering the Kent[5] factors, the court accepted the waiver and declined jurisdiction to the superior court.

¶ 7 The case then immediately proceeded to arraignment in adult court. The prosecution filed four counts of first degree murder. Count I alleged that Mr. Ramos committed premeditated intentional murder in the killing of Bryan Skelton. Counts II, III, and IV alleged that Mr. Ramos was guilty of first degree felony murder of the other three members of the Skelton family, each of whom was killed in the course of a first degree robbery. Count II specifically indicated that Mr. Ramos and Mr. Gaitan both killed Mr. Michael Skelton. Counts III and IV alleged that Mr. Gaitan had actually killed Mrs. Lynn Skelton and Jason Skelton in the course of a robbery in which Mr. Ramos was also participating.

¶ 8 Mr. Ramos pleaded guilty to the four counts of first degree murder. After another colloquy with Mr. Ramos, the court accepted the guilty pleas. Both parties recommended that the court impose the minimum possible sentence—consecutive 240 month terms on each count. The trial court stated that the crimes "have no parallel in Yakima County history for violence" and had resulted in "the entire destruction of one family."[6] Noting that the murder of Bryan Skelton deserved more than 240 months, the court nonetheless imposed the requested sentence.

¶ 9 Thirteen years later, in December 2006, Mr. Ramos pro se filed a notice of appeal challenging the declination decision. This court dismissed the appeal as untimely. The Washington Supreme Court subsequently ordered that the matter "proceed as a *387 timely filed notice of appeal."[7] The appeal was reinstated and counsel appeared for Mr. Ramos. While the appellate record was being perfected, Mr. Ramos pro se filed a PRP. This court consolidated the two matters.

ANALYSIS

Appeal

¶ 10 The appeal presents two claims. First, Mr. Ramos contends that the trial court lacked statutory authority to decline jurisdiction over any youth under the age of 15. Second, he argues that the unit of prosecution for felony murder is the underlying felony rather than the murder victim. We will address the two challenges in the order stated.

¶ 11 Both of these issues present questions of law, which we review de novo. Cosmopolitan Eng'g Group, Inc. v. Ondeo Degremont, Inc., 159 Wash.2d 292, 298, 149 P.3d 666 (2006) ("Statutory interpretation is a question of law, subject to de novo review."); State v. Jackman, 156 Wash.2d 736, 746, 132 P.3d 136 (2006) ("Claims of double jeopardy, which are questions of law, are reviewed de novo.").

Declination of Jurisdiction

¶ 12 Several well understood principles govern appellate court construction of legislation. The purpose of statutory construction is to give effect to the meaning of legislation. Roberts v. Johnson, 137 Wash.2d 84, 91, 969 P.2d 446 (1999). Construction is only necessary when a statute is unclear or ambiguous. A statute that is clear need not be construed. State v. J.P., 149 Wash.2d 444, 450, 69 P.3d 318 (2003). "Statutes must be interpreted and construed so that all the language used is given effect, with no portion rendered meaningless or superfluous." Whatcom County v. City of Bellingham, 128 Wash.2d 537, 546, 909 P.2d 1303 (1996).

¶ 13 Former RCW 13.40.110 (1993) governs declination of juvenile court jurisdiction in favor of superior (adult) court jurisdiction.[8] As it existed at the time of these crimes in 1993, the statute provided in relevant part:

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Ramos, 217 P.3d 384, 152 Wash. App. 684 (Wash. Ct. App. 2009).

217 P.3d 384 (State v. Ramos) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Ramos
387 P.3d 650 (Washington Supreme Court, 2017)
State v. Rodriguez Ramos
Washington Supreme Court, 2017
State of Washington v. Joel R. Ramos
357 P.3d 680 (Court of Appeals of Washington, 2015)
State v. Watkins
362 S.W.3d 530 (Tennessee Supreme Court, 2012)
Ramos v. Washington
178 L. Ed. 2d 215 (Supreme Court, 2010)