State v. Winkle

159 Wash. App. 323
CourtCourt of Appeals of Washington
DecidedJanuary 10, 2011
DocketNo. 64367-3-I
StatusPublished
Cited by11 cases

This text of 159 Wash. App. 323 (State v. Winkle) 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. Winkle, 159 Wash. App. 323 (Wash. Ct. App. 2011).

Opinion

Schindler, J.

¶1 — A jury convicted Roy Winkle of two counts of rape of a child in the third degree. The statutory maximum for rape of a child in the third degree is 60 months. Winkle contends that the trial court erred by imposing a term of 60 months and a term of community custody for earned early release limited to the statutory maximum. Winkle argues the sentence violates the recently adopted amendments to the Sentencing Reform Act of 1981 (SRA), chapter 9.94A RCW, that prohibit the court from imposing a term of confinement and a period of community custody that exceeds the statutory maximum. Laws of 2009, ch. 375. Because the SRA requires that a defendant convicted of a sex offense must be transferred to community custody in lieu of earned early release, and the sentence the court imposed cannot exceed the statutory maximum of 60 months, we affirm.

[326]*326¶2 This is the third appeal in this case. The State charged Roy Winkle with rape of a child in the third degree of 15-year-old S.N., count I, rape of a child in the third degree of 14-year-old A.F, count II, and supplying liquor to a minor, count III. A jury convicted Winkle as charged. At the sentencing hearing on July 27, 2007, the court imposed a concurrent statutory maximum sentence of 60 months for the two counts of rape of a child in the third degree, and a statutory term of community custody of 36 to 48 months for a sex offense.1

¶3 In his first appeal, Winkle argued that the term of confinement of 60 months coupled with a term of community custody of 36 to 48 months exceeded the statutory maximum.2 The State conceded that the total term of confinement plus the term of community custody exceeded the statutory maximum for the offense. We accepted the State’s concession and remanded for resentencing.

¶4 On remand, the court entered an “Order Clarifying/ Amending Judgment and Sentence,” stating that the “[t]otal amount of jail time and community custody supervision time combined and imposed shall not exceed statutory maximum of 60 months on counts 1 [and] 2.” Winkle appealed.

¶5 Citing our decision in State v. Linerud, 147 Wn. App. 944, 197 P.3d 1224 (2008), we held that even though the order states that the total sentence could not exceed the statutory maximum, the sentence was an impermissible indeterminate sentence, and remanded for resentencing. However, we noted, “ ‘[I]f the trial court wants to impose the maximum terms of confinement and community custody, it may do so under the second option in RCW 9.94A.715(1), which permits it to impose a term of community custody equal to the earned early release time.’ ” State v. Winkle, [327]*327noted at 150 Wn. App. 1047, 2009 WL 1664842, at *1, 2009 Wash. App LEXIS 1465, at *2-3.

¶6 At the resentencing hearing on September 25, 2009, the trial court imposed the statutory maximum of 60 months confinement for the two counts of rape of a child in the third degree. In addressing the term of community custody for a sex offense, the court crossed out “36 to 48 months” and instead imposed a term of community custody “for the entire period of earned early release awarded under RCW 9.94A.728.” Winkle appeals.

¶7 Winkle contends the trial court erred by imposing a term of confinement and community custody that exceeds the statutory maximum. Relying on the amendment to the SRA that requires the court to reduce the term of community custody if the “term of confinement in combination with the term of community custody exceeds the statutory maximum,” and the language in former RCW 9.94A.707(l)(b) (2008) that stated community custody could begin “at such time as the offender is transferred to community custody in lieu of earned release,” Winkle asserts the court did not have the authority to impose a sentence for the statutory maximum and a term of community custody in lieu of earned early release. Laws of 2009, ch. 375, §§ 5, 7; former RCW 9.94A.70K8X2008).3

¶8 The State concedes that the 2009 amendments to the SRA apply to the September 25, 2009 judgment and sentence. However, the State asserts the sentence does not violate the SRA because the term of community custody is limited to earned early release and, therefore, cannot exceed the statutory maximum. The State points out that under RCW 9.94A.729(5)(a), the legislature requires a sex offender to be transferred to community custody in lieu of earned release time.

¶9 We review questions of statutory interpretation de novo. State v. J.P., 149 Wn.2d 444, 449, 69 P.3d 318 [328]*328(2003). Our fundamental objective is to ascertain and give effect to the legislature’s intent. J.P., 149 Wn.2d at 450. If the meaning of a statute is unambiguous, we must give effect to that plain meaning. State v. Delgado, 148 Wn.2d 723, 727, 63 P.3d 792 (2003). Such meaning is derived from all the legislature has said in the statute and related statutes that disclose legislative intent. Dep’t of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 9-10, 43 P.3d 4 (2002). Each provision of an act must be viewed in relation to each other and, if possible, harmonized to ensure proper construction of every provision. Millay v. Cam, 135 Wn.2d 193, 199, 955 P.2d 791 (1998). Statutes should not be interpreted so as to render any portion meaningless, superfluous, or questionable. Addleman v. Bd. of Prison Terms & Paroles, 107 Wn.2d 503, 509, 730 P.2d 1327 (1986).

¶10 A primary purpose of the SRA is to ensure that punishment for a crime is proportionate to the seriousness of the offense. RCW 9.94A.010. The SRA requires the court to impose a sentence as provided in the SRA. RCW 9.94A.505. As a general rule, a court cannot impose a term of community custody that exceeds the statutory maximum. RCW 9.94A.505(5).

¶11 The 2009 amendments to the SRA repealed RCW 9.94A.715 and changed the term of community custody the court shall impose for sex offenders from a range of 36 to 48 months, to a fixed term of 36 months. Laws of 2009, ch.

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Bluebook (online)
159 Wash. App. 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-winkle-washctapp-2011.