State v. Thomas

191 P.3d 913
Court of Appeals of Washington·Decided September 2, 2008·No. 59832-5-I·Published·Cited by 9 cases

Opinion

191 P.3d 913 (2008)

STATE of Washington, Appellant,
v.
Michael Henry THOMAS, Respondent.

No. 59832-5-I.

Court of Appeals of Washington, Division 1.

September 2, 2008.

*914 Christine Anne Jackson, Attorney at Law, The Public Defender, Seattle, WA, for Petitioner.

Deanna Jennings Fuller, Attorney at Law, Seattle, WA, for Respondent.

LAU, J.

¶ 1 This case presents the sole question of whether the 2003 amendments to the time-for-trial rule supersede the decision in State v. Fulps, 141 Wash.2d 663, 9 P.3d 832 (2000). In that case, the court, relying on the American Bar Association (ABA) standards to supplement CrR 3.3's speedy trial requirements, held that the speedy trial period began when Fulps posted bail on the day of his arrest and expired 90 days later. Here, like Fulps, Michael Thomas was arrested, posted bail, and released on the same day but was not brought to trial within 90 days. Relying on Fulps, the district court dismissed the second degree criminal trespass charge. On RALJ appeal, the superior court reversed. We granted discretionary review. Because the 2003 amendments to the time-for-trial rule supersede the Fulps decision, we affirm the superior court.

FACTS

¶ 2 On September 10, 2005, Michael Thomas was arrested and booked into the King County jail on suspicion of second degree criminal trespass. He posted $250 cash bail and was released the same day. On November 14, 2005, the State filed a complaint charging Thomas with criminal trespass in the second degree. The clerk issued a summons directing Thomas to appear for arraignment on November 28, 2005, but the summons was not sent to the correct address, and it was subsequently returned.[1] Thomas did not appear for the scheduled arraignment.

¶ 3 On January 13, 2006, the State submitted a certification that the address to which the arraignment notification was sent appeared to be Thomas's most recent address based on a search of several government databases. On January 18, 2006, the district court issued a bench warrant for Thomas's arrest because of his failure to appear. On February 25, 2006, Thomas was arrested on the warrant. On February 27, 2006, Thomas had his first appearance following the filing of the complaint; however, he was not arraigned until March 6, 2006, because he moved for a change of judge. Thomas objected to the date of arraignment, contending that the time for trial had already expired. He argued that under Fulps, the State was required to bring him to trial by December 9, 2005, 90 days after he posted bail.

¶ 4 On March 31, 2006, the district court dismissed the charge with prejudice, concluding that "speedy trial was violated" because Thomas had been "held to answer starting back in September when he was arrested and posted bail." The State timely filed a notice of appeal to the King County Superior Court. The superior court reversed. We granted Thomas's motion for discretionary review.

ANALYSIS

¶ 5 Thomas appeals the superior court's reversal of the district court's ruling. Appellate review of a district court's ruling, *915 here and in the superior court, is governed by the standards contained in the Rules for Appeal of Decisions of Courts of Limited Jurisdiction ("RALJ"). RALJ 9.1. Review of whether the district court committed an error of law is de novo. RALJ 9.1(a); Kyle v. Williams, 139 Wash.App. 348, 354, 161 P.3d 1036 (2007), review denied, 163 Wash.2d 1028, 185 P.3d 1195 (2008). Because the application of a court rule to a particular set of facts is a question of law, this court reviews it de novo. State v. Silva, 127 Wash. App. 148, 154, 110 P.3d 830 (2005); see also State v. Bobenhouse, 143 Wash.App. 315, 322, 177 P.3d 209 (2008) ("We review the application of the speedy trial rules de novo.").

¶ 6 We interpret court rules as we do statutes drafted by the legislature. State v. George, 160 Wash.2d 727, 735, 158 P.3d 1169 (2007). Initially, we look to the plain language of the rule and construe the rule in accord with the drafting body's intent. Gourley v. Gourley, 158 Wash.2d 460, 466, 145 P.3d 1185 (2006). If the rule's meaning is unambiguous, we need look no further. Spokane County v. Specialty Auto & Truck Painting, Inc., 153 Wash.2d 238, 249, 103 P.3d 792 (2004).

¶ 7 Washington's time-for-trial rule generally requires the State to bring a defendant to trial within 90 days of arraignment if the defendant is not incarcerated. CrRLJ 3.3(b)(2), (c)(1).[2] However, Thomas argues that in his case, the 90-day time-for-trial period should have commenced on September 10, 2005 — the date he posted bail, rather than March 6, 2006 — the day he was arraigned. This argument is not based on the language of the time-for-trial rule, but on the decision in Fulps.

¶ 8 In Fulps, as here, the defendant was arrested and released the same day after posting bail. Fulps, 141 Wash.2d at 665, 9 P.3d 832. The form setting the bail amount did not provide any conditions of release or set a time for Fulps to appear back in court for further proceedings. Id. The State did not file charges against Fulps until approximately five months later, and he was arraigned about three weeks after that. Id. Fulps moved to dismiss based on the version of CrR 3.3 in effect at the time. Id.

¶ 9 The Washington Supreme Court concluded that under the unique facts of Fulps's case, the speedy trial period began to run on the day he posted bail and expired 90 days later. Fulps, 141 Wash.2d at 670, 9 P.3d 832. The court reasoned, "CrR 3.3 does not directly address the situation where a defendant is released from jail on cash bail with no release order entered with the court." Id. at 666, 9 P.3d 832. Because the rule did not directly address Fulps's situation, the court described him as being in "legal limbo." Id. at 669, 9 P.3d 832. Consequently, the court found it necessary to refer to ABA standards to "supplement" the rule.

The relevant standard here provides that the time for trial should commence running, without demand by the defendant, "from the date the charge is filed, except that if the defendant has been continuously held in custody or on bail or recognizance..., then the time for trial should commence running from the date the defendant was held to answer." 2 AMERICAN BAR ASS'N STANDARDS FOR CRIMINAL JUSTICE Std. 12-2.2(a), at 12-17 (2d ed. 1980) (emphasis added).

Id. The court concluded that because Fulps was "held to answer" from the date he posted bail, the 90-day speedy trial period had expired and his motion to dismiss should have been granted. Id. at 670, 9 P.3d 832.

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