State v. RLD

133 P.3d 505, 132 Wash. App. 699, 2006 Wash. App. LEXIS 835
CourtCourt of Appeals of Washington
DecidedMay 2, 2006
Docket32411-3-II
StatusPublished
Cited by14 cases

This text of 133 P.3d 505 (State v. RLD) 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. RLD, 133 P.3d 505, 132 Wash. App. 699, 2006 Wash. App. LEXIS 835 (Wash. Ct. App. 2006).

Opinion

133 P.3d 505 (2006)

STATE of Washington, Respondent,
v.
R.L.D.,[1] Appellant.

No. 32411-3-II.

Court of Appeals of Washington, Division 2.

May 2, 2006.

*506 Lisa Elizabeth Tabbut, Attorney at Law, Longview, WA, for Appellant.

Amie L. Hunt, Hall of Justice, Cowlitz Prosecuting Attorneys Office, Kelso, WA, for Respondent.

HOUGHTON, J.

¶1 R.L.D. appeals his juvenile adjudication of second degree theft, arguing that insufficient facts support his guilty plea. He also appeals his manifest injustice disposition on his guilty plea to conspiracy to commit second degree burglary and the revocation of his driver's license based on the second degree theft adjudication.

¶2 We agree that insufficient evidence supported taking the guilty plea to second degree theft and that it must be reversed and dismissed, the adjudication vacated, and the matter remanded for resentencing. Because the court revoked R.L.D.'s driver's license based on the adjudication of second degree theft, a felony, we reverse and remand with instructions to reinstate his license. *507 Finally, we affirm the manifest injustice disposition on the conspiracy to commit second degree burglary adjudication.

FACTS

¶3 On July 24, 2004, a Longview police officer responded to a vehicle prowl report at Mark Morris High School. Behind the school, the officer found R.L.D. and another minor huddled together against a brick wall.

¶4 The officer determined that several individuals, including R.L.D., planned to go to Azteca restaurant to steal some money. As R.L.D. and the others walked toward the restaurant, they passed through the school parking lot where they discovered an unlocked Nissan automobile. R.L.D. and a friend entered the car, removed wires from below the steering column, and began to "hot wire" the car when a bystander interrupted them. Clerk's Papers (CP) at 23. They fled without starting the car. The officer took them into custody.

¶5 On July 28, 2004, the State charged then 17-year-old R.L.D. with (1) conspiracy to commit second degree burglary and (2) second degree theft. The information for the second degree theft charge stated:

The defendant, in the County of Cowlitz, State of Washington, on or about July 24, 2004, did wrongfully obtain and/or exerted unauthorized control over a motor vehicle of less than $1,500 in value, a 1989 Nissan car, Washington license # 859NGM, with intent to deprive Troy Bowen of such property; contrary to RCW 9A.56.020(1)(a) and RCW 9A.56.040(1)(d) and against the peace and dignity of the State of Washington.

And furthermore, circumstances exist to support a sentence outside of the standard range under RCW 13.40.160 and RCW 13.40.0357.

CP at 2. On July 30, 2004, a deputy probation officer gave notice that the State would seek manifest injustice findings at any disposition hearing.

¶6 The court requested that R.L.D. undergo a diagnostic evaluation.[2] The court sought information about disposition recommendations and his level of function.

¶7 The September 22, 2004 report described R.L.D.'s drug use history and maternal abandonment. The report also identified his possible learning disability and lack of education past the ninth grade.

¶8 As to R.L.D.'s chemical dependency, the evaluator recommended that he participate in an inpatient treatment program at a secure facility as "he is not amendable to treatment in an outpatient setting." CP at 27. Also, the evaluator observed that R.L.D. "is in need of a high degree of structure and consistency to provide external controls to assist him in modifying his behavior. He will need to participate in counseling that includes direct instruction in anger management, social skills, coping techniques, and stress management." CP at 28.

¶9 The evaluator noted:

[F]or a youth to be admitted into [the Juvenile Rehabilitation Administration] needing inpatient treatment with a diagnosis of methamphetamine dependence, they would need to have a sentence of at least a *508 minimum of 39 weeks and a maximum of 52 weeks, which would allow the youth to complete drug and alcohol treatment.

CP at 29. As a result, the evaluator recommended that R.L.D. be given a 52- to 65-week manifest injustice disposition.

¶10 On September 23, 2004, after negotiating with the prosecutor, R.L.D. appeared before the juvenile court to plead guilty[3] to second degree theft and conspiracy to commit second degree burglary.[4] Before taking the pleas, the court noted:

Now, the Prosecutor is recommending that you receive a local-sanction sentence, which means they're recommending that you get up to thirty days for each count; twelve months of probation; and a hundred and fifty hours of community service. But, I've already told you that because of the diagnostic that was ordered, the court, on its own motion, is considering a Manifest Injustice, which means the court may very well sentence you to a juvenile institution [for] over a year, because I think the recommendation was fifty-two to sixty-five weeks. So, you need to know that before you enter a plea. Are you aware of that?

Report of Proceedings (RP) at 4. R.L.D. then responded by pleading guilty to the two counts. The trial court declined to follow the State's deferred disposition recommendation, found factors supporting a manifest injustice beyond a reasonable doubt,[5] and imposed a 52- to 65-week confinement disposition.

¶11 The court further found that R.L.D. committed felony of theft second degree while using a motor vehicle and directed the Department of Licensing to revoke his driver's license under former RCW 46.20.285 (2004).[6] He appeals.[7]

ANALYSIS

Factual Basis

¶12 R.L.D. first contends that an insufficient factual basis supports his guilty plea to second degree theft, rendering it invalid. He argues that where the facts support only an attempted second degree theft charge, the remedy is to vacate the adjudication.

¶13 Due process requires that a guilty plea be voluntary, knowing, and intelligent. Boykin v. Alabama, 395 U.S. 238, 243, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); State v. McDermond, 112 Wash.App. 239, 243, 47 P.3d 600 (2002). A guilty plea cannot be knowing and intelligent when the defendant has been misinformed about the nature of the charge. Bousley v. United States, 523 U.S. 614, 618, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998). A defendant must not only know the elements of the offense, but also must understand that the alleged criminal conduct satisfies those elements. In re Pers. Restraint *509 of Hews, 99 Wash.2d 80, 88,

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Bluebook (online)
133 P.3d 505, 132 Wash. App. 699, 2006 Wash. App. LEXIS 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rld-washctapp-2006.