State v. Dorenbos
State v. Dorenbos
Opinion of the Court
— Alan Dorenbos sought to vacate a restitution order, alleging that the order was untimely because it was entered more than 60 days after sentencing. But Dorenbos’ motion was also untimely as it was filed over seven years after the restitution order was entered, far beyond the one-year time limit for collateral attack. We thus affirm the superior court’s ruling denying Dorenbos’ motion.
Facts
Alan Dorenbos was found guilty of second degree murder for killing his wife and was sentenced for that crime on December 8, 1992. On December 3, 1993, the trial court entered an order imposing $9,364.56 in restitution. On July 23, 2001, Dorenbos filed a motion to vacate the restitution order, citing CrR 7.8(b)(4) and (5). The superior court denied the motion on October 16, 2001, ruling that it was untimely.
Analysis
Dorenbos challenges the restitution order, contending that the trial court lacked jurisdiction and statutory authority to enter it because it was untimely under former RCW 9.94A.142(1) (1995), which required that the amount of restitution be determined within 60 days of sentencing.
Dorenbos also contends that RCW 10.73.090(1) applies only to collateral attacks on judgment and sentences. He argues that because he is attacking only a restitution order entered after the trial court entered his judgment and sentence, the statutory time bar does not apply. Contrary to this argument, a restitution order becomes part of the offender’s sentence once imposed.
Dorenbos also argues that the one-year time limit did not apply because an untimely restitution order is facially invalid. RCW 10.73.090(1) forbids collateral attack beyond a year if the judgment and sentence being challenged is “valid on its face.” “[I]nvalid on its face” for
Finally, we also note that Dorenbos is not entitled to relief on the merits of his motion.
We affirm the trial court because Dorenbos’ motion was untimely and also because Dorenbos was not entitled to relief under CrR 7.8(b).
Reconsideration denied September 24, 2002.
Review denied at 149 Wn.2d 1006 (2003).
Former RCW 9.94A.142(1) provided in pertinent part: ‘When restitution is ordered, the court shall determine the amount of restitution due at the sentencing
CrR 7.8(b); State v. Brand, 120 Wn.2d 365, 370-71, 842 P.2d 470 (1992).
RCW 10.73.100(5) provides that the one-year bar on collateral attack does not apply where “the sentence imposed was in excess of the court’s jurisdiction.”
State v. Moen, 129 Wn.2d 535, 545, 919 P.2d 69 (1996); In re Pers. Restraint of Fleming, 129 Wn.2d 529, 533, 919 P.2d 66 (1996).
State v. Edelman, 97 Wn. App. 161, 166, 984 P.2d 421 (1999), review denied, 140 Wn.2d 1003 (2000).
In re Pers. Restraint of Stoudmire, 141 Wn.2d 342, 353, 5 P.3d 1240 (2000).
State v. Hunsicker, 129 Wn.2d 554, 919 P.2d 79 (1996); Fleming, 129 Wn.2d at 533.
See State v. Ammons, 105 Wn.2d 175, 188, 713 P.2d 719, 718 P.2d 796, cert. denied, 479 U.S. 930 (1986).
We also note that CrR 7.8(b) also requires motions to vacate to be brought within a “reasonable time.” It is difficult to imagine how a delay of seven years could be considered reasonable in this case.
See LaMon v. Butler, 112 Wn.2d 193, 200-01, 770 P.2d 1027 (appellate court may affirm trial court’s ruling on any theory supported by the record even if the trial court did not consider it), cert. denied, 493 U.S. 814 (1989).
Brand, 120 Wn.2d at 369-70.
Fleming, 129 Wn.2d at 532-33.
See CrR 7.8(b)(4) (allowing court to vacate judgment on the grounds that it is void).
State v. Dennis, 67 Wn. App. 863, 865-66, 840 P.2d 909 (1992).
Reference
- Full Case Name
- The State of Washington v. Alan Dorenbos
- Cited By
- 5 cases
- Status
- Published