State v. Thomas

150 Wash. 2d 666
CourtWashington Supreme Court
DecidedDecember 11, 2003
DocketNo. 73216-7
StatusPublished
Cited by15 cases

This text of 150 Wash. 2d 666 (State v. Thomas) 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. Thomas, 150 Wash. 2d 666 (Wash. 2003).

Opinion

Owens, J.

We granted review in this case to resolve a question regarding the proper sentencing for firearm enhancements when a defendant is convicted of multiple crimes, at least two of which carry a firearm enhancement. Contrary to the holding in State v. Harvey, 109 Wn. App. 157, 34 P.3d 850 (2001), the Court of Appeals held in the present case that former RCW 9.94A.310(3)(g) (1998)1 does not limit an offender’s total period of confinement for multiple offenses to the statutory maximum for the most serious offense. State v. Thomas, 113 Wn. App. 755, 54 P.3d 719 (2002).

We affirm the Court of Appeals and hold that the trial court committed no sentencing error.

FACTS

For acts committed on June 29, 1998, Gregory Thomas was found guilty on July 26, 2001, of two counts of second degree robbery and one count of unlawful possession of a firearm in the second degree. Second degree robbery is a class B felony, for which the maximum sentence is 10 years. RCW 9A.56.210(2); RCW 9A.20.021(l)(b). Unlawful possession of a firearm in the second degree, a class C felony, [669]*669carries a maximum sentence of five years. RCW 9.41-.040(2)(b); RCW 9A.20.021(l)(c). Given his offender score and the seriousness level of the offenses, the standard range for each robbery count was 63-84 months, with the mandatory firearm enhancement of 36 months increasing the total standard range for each count to 99-120 months. The standard range for unlawful possession of a firearm was 51-60 months. On each of the three counts, Thomas received the maximum total standard range sentence: that is, on each robbery count, Thomas received 120 months (an 84-month base sentence and a 36-month firearm enhancement), while on the unlawful possession count, Thomas received a 60-month sentence.

Consistent with former RCW 9.94A.400(l)(a) (1998) and former RCW 9.94A.360(1) (1998),2 the base sentences of 84 months, 84 months, and 60 months were set to run concurrently. Because firearm enhancements are consecutive to the longest concurrent base sentence and to one another, former RCW 9.94A.310(3)(e), the trial court sentenced Thomas to a total period of confinement of 13 years: 7 years for the longest base sentence, plus 3 years for the count one enhancement and another 3 years for the count two enhancement.

Thomas appealed, arguing that under Harvey his total enhanced sentence should not have exceeded 10 years. Rejecting that argument, the Court of Appeals concluded that the trial court had correctly calculated Thomas’s total enhanced sentence as 13 years. Thomas, 113 Wn. App. 755. We granted Thomas’s petition for review. State v. Thomas, 149 Wn.2d 1009 (2003).

ISSUE

Where a defendant is sentenced for multiple offenses, does former RCW 9.94A.310(3)(g), which limits the enhanced sentence for a single offense to the statutory maxi[670]*670mum for the crime, also place a limit on the defendant’s total period of confinement, capping it at the statutory maximum for the offender’s highest level offense?

ANALYSIS

Standard of Review. At issue is the meaning of certain provisions of the Sentencing Reform Act of 1981, chapter 9.94ARCW. The meaning of a statute is a question of law reviewed de novo. State v. Ammons, 136 Wn.2d 453, 456, 963 P.2d 812 (1998). The appellate court’s paramount duty is “to discern and implement the intent of the legislature.” State v. J.P., 149 Wn.2d 444, 450, 69 P.3d 318 (2003). Where the plain language of the statute is unambiguous, the legislature’s intent is evident, and the statute may not be construed otherwise. Id.

Statutory Limits on Sentences with Firearm Enhancements. Under RCW 9.94A.510(3) and (4), where a defendant is convicted of a single offense while armed with more than one firearm or other deadly weapon, “one enhancement must be applied for each firearm or other deadly weapon” that the offender or an accomplice is found to be carrying. State v. DeSantiago, 149 Wn.2d 402, 418, 68 P.3d 1065 (2003). Although multiple enhancements are to be applied for a single offense, the resulting sentence for the offense “would not [be] absurdly extend [ed],” because RCW 9.94A.510(3)(g) and (4)(g) provide that the total sentence for the crime cannot exceed the statutory maximum for the offense. Id. at 421. Thomas argues that this statutory limitation likewise applies in cases such as his, where a single firearm enhancement is added to each of two or more offenses. In his view, former RCW 9.94A.310(3)(g) caps his total period of confinement at the statutory maximum for the most serious of his three offenses.

Thomas’s argument ignores the plain, unambiguous language of the statute. The sentencing grid in former RCW 9.94A.310(1) defines the standard sentence range for an offense based on the individual’s offender score and the [671]*671seriousness level of the offense. Subsection .310(3) provides that, where an offender or accomplice is armed with a firearm, the standard sentence range for the offense will be enhanced five years for class A felonies, three years for class B, and 18 months for class C. Former RCW 9.94A.310(3)(a)-(c). In the first of its two sentences, former RCW 9.94A.310

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Bluebook (online)
150 Wash. 2d 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thomas-wash-2003.