State v. Ross

916 P.2d 405
CourtWashington Supreme Court
DecidedMay 16, 1996
Docket62847-5
StatusPublished

This text of 916 P.2d 405 (State v. Ross) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ross, 916 P.2d 405 (Wash. 1996).

Opinion

916 P.2d 405 (1996)
129 Wash.2d 279

The STATE of Washington, Respondent,
v.
Donald J. ROSS, Petitioner.

No. 62847-5.

Supreme Court of Washington, En Banc.

Argued March 5, 1996.
Decided May 16, 1996.

*407 Donald J. Ross, Pro Se.

Ende, Subin & Philips, Douglas J. Ende, Vashon, for petitioner.

Gary A. Riesen, Chelan County Prosecutor, Susan E. Hinkle, Deputy, Wenatchee, for respondent.

*406 DOLLIVER, Justice.

Defendant Donald J. Ross has moved to withdraw his guilty plea as involuntary on the basis he was never informed a mandatory 12-month community placement would follow his prison sentence. We hold mandatory community placement constitutes a direct consequence of a guilty plea and failure to so inform a defendant renders that plea invalid. The trial court erred by denying Defendant's motion to withdraw his guilty plea.

The Legislature has ordered that defendants convicted of certain classes of serious offenses serve mandatory community placement, one year for crimes committed between July 1, 1988, and July 1, 1990 (see RCW 9.94A.120(8)(a)), in addition to their prison terms:

"Community placement" means a one-year period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

Former RCW 9.94A.030(4).

"Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

Former RCW 9.94A.030(3).

"Postrelease supervision" is that portion of an offender's community placement that is not community custody.

Former RCW 9.94A.030(21); see State v. Skillman, 60 Wash.App. 837, 840, 809 P.2d 756, review denied, 114 Wash.2d 1009 (1991). A defendant under community placement is subject to standard conditions, unless waived by the court:

(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;
(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;
(iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions;
(iv) An offender in community custody shall not unlawfully possess controlled substances; and
(v) The offender shall pay supervision fees as determined by the department of corrections.

Former RCW 9.94A.120(8)(b). In addition, the trial court may impose special conditions:

(i) The offender shall remain within, or outside of, a specified geographical boundary;
(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;
*408 (iii) The offender shall participate in crime-related treatment or counseling services;
(iv) The offender shall not consume alcohol;
(v) The residence location and living arrangements of a sex offender shall be subject to the prior approval of the department of corrections; or
(vi) The offender shall comply with any crime-related prohibitions.

Former RCW 9.94A.120(8)(c).

Ordinarily, a defendant will learn of the mandatory community placement prior to pleading guilty in the plea form required by CrR 4.2(g):

In addition to confinement, the judge will sentence me to community placement for at least 1 year. During the period of community placement, I will be under the supervision of the Department of Corrections, and I will have restrictions placed on my activities.

CrR 4.2(g)(6)(j).

This case stems from the use of an outdated plea form lacking that community placement warning. On November 6, 1991, Defendant pleaded guilty to three counts of second degree child rape committed against his former step-daughter prior to July 1, 1990. Those offenses carried a maximum sentence of 10 years and a $20,000.00 fine, a minimum sentence for Defendant's criminal history of 67 months, and a mandatory 12-month community placement.

The parties do not dispute Defendant did not receive an explicit warning of his mandatory one-year community placement term prior to entering his plea. Unlike the appropriate CrR 4.2(g) plea form, Defendant was presented with an outdated form omitting the community placement information. Nor did the trial court address this implication during oral colloquy. In his plea form and in open court, Defendant confirmed his knowledge of the maximum and minimum prison terms and the State's recommended sentence of an 89-month prison term. Defendant also expressed his understanding the State's sentencing recommendation did not bind the sentencing court, and he could not appeal his ultimate sentence unless the court did not adhere to the sentencing range.

Defendant received the maximum 89-month sentence within his sentencing range plus the mandatory one-year community placement. In addition to the standard community placement conditions, the court adopted special conditions recommended by the presentence investigator: no contact with the victim; no contact with females under 16 years old; Department of Corrections' approval of residence location and living arrangements; and urinalysis and polygraph at the will of his community corrections officer.

Defendant subsequently moved the trial court to withdraw his guilty plea as involuntary. The trial court denied withdrawal, concluding Defendant's plea form substantially complied with CrR 4.2(g), and the omission of the mandatory 12-month community placement represented merely a collateral consequence of his plea insufficient for withdrawal. The Court of Appeals affirmed. State v. Ross, causes 12217-4—III, 14020-2—III (Apr. 11, 1995), slip op. at 11. The Supreme Court granted discretionary review. We now reverse.

A court may permit withdrawal of a guilty plea in accordance with CrR 4.2(f):

The court shall allow a defendant to withdraw the defendant's plea of guilty whenever it appears that the withdrawal is necessary to correct a manifest injustice.

The defendant bears the burden of proving manifest injustice, defined as "obvious, directly observable, overt, not obscure.'" State v. Saas,

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Bluebook (online)
916 P.2d 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ross-wash-1996.