Stephens v. State

345 P.3d 870, 186 Wash. App. 553
CourtCourt of Appeals of Washington
DecidedMarch 19, 2015
DocketNo. 31162-7-III
StatusPublished
Cited by4 cases

This text of 345 P.3d 870 (Stephens v. State) 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
Stephens v. State, 345 P.3d 870, 186 Wash. App. 553 (Wash. Ct. App. 2015).

Opinion

¶1

Brown, J.

Kenneth Stephens appeals the trial court’s order denying his motion for directed verdict (judgment as a matter of law) in his false imprisonment suit against the State of Washington. He contends the court [555]*555erred in denying his motion and additionally contends the evidence does not support the verdict. We disagree with Mr. Stephens’ contentions and affirm.

FACTS

¶2 On September 3, 2006, the State charged Mr. Stephens with, among other things, second degree theft for removing a pay telephone coin box from a Yakima parking lot (Yakima County Superior Court cause no. 06-1-02170-9). He was confined for three days before his father posted bail. On October 28, 2006, while on bail, Mr. Stephens was arrested and charged with, among other things, second degree possession of stolen property for shoplifting at a Yakima Shopko store (Yakima County Superior Court cause no. 06-1-02624-7). Mr. Stephens was held in the Yakima County jail for several days following this arrest and then transferred to the Chelan County jail due to outstanding warrants there. He was returned to Yakima County on November 16, 2007 to deal with his two pending felony cases there.

¶3 On February 6, 2007, Mr. Stephens pleaded guilty to one count of second degree theft in the Shopko case. The court sentenced him to 17 months’ imprisonment. The judgment and sentence states the 17 months were “consecutive with prior sentences.” Clerk’s Papers (CP) at 100. The court granted 15 days’ credit for jail time served in the 2007 judgment and sentence, the time between his October 28, 2006 arrest and transfer to Chelan County to clear the other warrants.

¶4 Mr. Stephens remained confined in the Yakima County jail after the February 6, 2007 sentencing because the earlier coin box case remained unresolved. On February 6, 2008, Mr. Stephens pleaded guilty to one count of possession of stolen property on the coin box case. The court sentenced him to 22 months. The judgment and sentence states the 22 months were to be “served consecutive with [556]*556prior sentences.” CP at 106. The court granted credit from November 16, 2006 plus 3 days (the 3 days he served in jail immediately following his arrest for the coin box theft on September 3, 2006, before posting bail).

¶5 On February 13, 2008, the Department of Corrections (DOC) transported Mr. Stephens to a processing point. The Yakima County jail sent DOC certifications for jail time credit served and earned release time related to the jail time served on the two cause numbers so DOC could set Mr. Stephens’ release date. In its initial certifications, Yakima County granted Mr. Stephens 387 days’ credit for jail time served and 193 days of earned release time (“good time” credits) for total credits of 580 days earned while serving time on the 2007 Shopko judgment and sentence. This resulted in him initially receiving jail credit off both sentences for his entire jail confinement between November 16, 2006 and February 13, 2008 when DOC received him into custody.

¶6 Following Mr. Stephens’ transfer from the Yakima County jail to DOC custody, DOC Auditor Wendy Stigall reviewed the two jail certifications for accuracy in order to set Mr. Stephens’ early release date. As part of her audit, she discovered the Yakima County jail had granted him credit off the sentences in both cause numbers for the entire amount of jail confinement between September 2006 and February 13, 2008. This included the 3 days in September 2006, the 15 days served between October 28 and Mr. Stephens’ return from Chelan County, and all jail time served after November 16, 2006, up to the date of transfer to DOC custody on February 13, 2008.

¶7 This double credit contradicted the consecutive provisions specified in the judgment and sentences contrary to In re Personal Restraint of Costello, 131 Wn. App. 828, 129 P.3d 827 (2006). DOC, therefore, eliminated all but 22 days’ credit on the 2007 sentence on the Shopko case. The remaining 22 days represented credit for 15 days’jail credit referenced in the judgment and sentence plus earned re[557]*557lease time of 7 days for a total adjusted credit on this case of 22 days. Yakima issued an amended certification that reduced the credit on the 2007 judgment and sentence to 22 days from 580 days granted in the earlier certification. The elimination of the credits from the Shopko case resulted in a January 8, 2009 early release date.

¶8 Mr. Stephens objected to the January 2009 release date. He requested credit for pretrial confinement and related good time off both sentences, arguing the sentencing judge had the final authority on early release time. He requested review of the 2007 judgment and sentence on the Shopko case because DOC had removed the overlapping credits from that cause number even though the judge had specifically granted him earned release time and credit. On July 21, 2008, the sentencing court amended the February 6, 2007 judgment and sentence in the Shopko case and granted 387 days of pretrial confinement credits, effectively restoring what DOC struck based on Costello. Our record does not contain the report of proceedings explaining the court’s reasoning, but DOC notes state the court made the amendment because it intended “concurrent” credit time. CP at 53.

¶9 The court’s amendment resulted in a retroactive release date of February 2008 (prior to Mr. Stephens’ transfer to DOC custody). A copy of the sentencing court’s order amending the judgment and sentence was received by DOC on July 23, 2008. Mr. Stephens was released two days later on July 25, 2008.

¶10 On February 4, 2010, Mr. Stephens sued the State for false imprisonment.1 A jury trial followed. Both sides requested a directed verdict, arguing the issues were purely legal. The State asked the court to rule as a matter of law that the confinement was justified. Mr. Stephens asked the court to rule as a matter of law that he spent more days [558]*558incarcerated than he should have. The jury decided the State did not “unjustifiably confine Kenneth Stephens, under the circumstances, beyond the period of time that it was legally entitled to confine him.” CP at 216. Mr. Stephens appealed.

ANALYSIS

¶11 The issue is whether the court erred in denying Mr. Stephens’ directed verdict request. Mr. Stephens contends he should have been released in February 2008 for both offenses and keeping him confined until July 2008 was unlawful and thus, he argues, substantial evidence does not support the jury’s verdict.

¶12 We review a ruling on a motion for a directed verdict using the same standard as the trial court. Hizey v. Carpenter, 119 Wn.2d 251, 272, 830 P.2d 646 (1992) (quoting Indus. Indem. Co. of Nw. v. Kallevig, 114 Wn.2d 907, 915-16, 792 P.2d 520 (1990)). A directed verdict is appropriate if, as a matter of law, no substantial evidence or reasonable inference exists to sustain a verdict for the nonmoving party. Harris v. Drake, 152 Wn.2d 480, 493, 99 P.3d 872 (2004) (citing Moe v. Wise, 97 Wn. App. 950, 956, 989 P.2d 1148 (1999)).

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Bluebook (online)
345 P.3d 870, 186 Wash. App. 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-state-washctapp-2015.