State v. A.S.
State v. A.S.
Opinion of the Court
Generally, a juvenile court does not have the statutory authority to impose a suspended disposition. The legislature has not included A.S.’s offense — fourth degree assault with a sexual motivation — on the short list of exceptions to the general prohibition against suspended dispositions. We are thus constrained to reverse the special sex offender disposition alternative (SSODA) imposed in this case and remand for a new disposition hearing.
FACTS
The State charged 15-year-old A.S. with first degree child molestation after an incident in which he fondled a 9-year-old female friend. As part of an agreement with the State, A.S. entered an Alford
The juvenile court ruled that a 52-week manifest injustice disposition was appropriate, based on at least two aggravating factors. Over the State’s objection, however, the court suspended A.S.’s confinement time as part of a SSODA, stating “the Court feels under the circumstances that this really is in [A.S.’s] best interest, and in the best interest of the community at large to impose this type of sentence.” The State now appeals, contending the juvenile court lacked authority to impose a SSODA.
ANALYSIS
We begin by stating the well-established rule that sentencing courts do not have inherent authority to sus
In the juvenile context, the legislature has granted limited authority to suspend dispositions:
Except as provided under subsection (3) or (4) of this section or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.[9 ]
We do not attempt to interpret a statute that is unambiguous, as we assume the legislature means exactly what it says.
In this case, the court invoked the SSODA statute, RCW 13.40.160(3), to suspend A.S.’s disposition. RCW 13-.40.160(3) permits the juvenile court to suspend a disposition upon the condition that the juvenile participate in community-based sex offender treatment. But the list of offenses to which the statute applies is limited: only “[s]ex
A.S. does not contend that the SSODA statute applied to him. Instead, he relies on State v. Bird
Whenever any person is convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, rape of a child, or rape, the superior court may, in its*314 discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ordered by the superior court, and that the sentenced person be placed under the charge of a community corrections officer employed by the department of corrections, or if the county elects to assume responsibility for the supervision of all superior court misdemeanant probationers a probation officer employed or contracted for by the county, upon such terms as the superior court may determine[18 ]
In Bird, our Supreme Court held that RCW 9.92.060(1) applied to juvenile dispositions. In analyzing that statute’s reach, the court first noted that “[a] strict interpretation of the criminal statutes would accordingly require that the legislature make explicit any exceptions from the suspended sentencing statute, RCW 9.92.060.”
But as Bird made clear, “[t]he legislature is undoubtedly empowered to limit the authority of the courts to suspend a sentence or to defer imposition or execution of the sentence.”
We recognize the potential beneficial effect of a suspended sanction in motivating compliance in treatment. We also recognize that the legislature has drawn what appears to be an arbitrary distinction by allowing community-based treatment under a SSODA for juveniles who commit felonies with sexual motivation, but not for those who commit less serious misdemeanors. But the juvenile statute clearly reflects a legislative intent to forbid suspended dispositions except in limited circumstances not present here.
Reversed and remanded for a new disposition hearing.
North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970).
RCW 9A.36.041; RCW 13.40.135.
See RCW 13.40.150(3)(i)(v).
RCW 13.40.160(3).
State v. Clark, 91 Wn. App. 581, 585, 958 P.2d 1028 (1998).
Clark, 91 Wn. App. at 585; see also State v. Bird, 95 Wn.2d 83, 85, 622 P.2d 1262 (1980).
Clark, 91 Wn. App. at 585.
State v. Martin, 137 Wn.2d 774, 788, 975 P.2d 1020 (1999).
RCW 13.40.160(7).
Food Servs. of Am. v. Royal Heights, Inc., 123 Wn.2d 779,784-85, 871 P.2d 590 (1994); State v. McCraw, 127 Wn.2d 281, 288, 898 P.2d 838 (1995).
State v. Mollichi, 132 Wn.2d 80, 86-88, 936 P.2d 408 (1997).
See Clark, 91 Wn. App. at 585-86 (juvenile courts lack authority to suspend disposition under former RCW 13.40.160(8) (1997), which was later recodified as the current RCW 13.40.160(7)).
RCW 13.40.160(3) provides that “[w]hen a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030” the juvenile court may pursue and impose a SSODA suspended sentence. See also RCW 13.40.020(25) (“ ‘Sex offense’ means an offense defined as a sex offense in RCW 9.94A.030.”).
RCW 9.94A.030(38) defines “sex offense” as:
(a) (i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than RCW 9.68A.070 or 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
RCW 9A.36.041(2).
Cf., State v. S.M.H., 76 Wn. App. 550, 558-59, 887 P.2d 903 (1995) (burglary with a sexual motivation not a “sex offense” for purposes of sex offender registration statute where juvenile felonies not included in RCW 9.94A.030’s definition of “sex offense” in effect in 1994).
State v. Bird, 95 Wn.2d 83, 622 P.2d 1262 (1980).
In 1984, the legislature removed the authority to suspend sentences for adult felonies. See former RCW 9.94A.130 (2000), recodified as RCW 9.94A.575 (Laws of 2001, ch. 10, § 6).
Bird, 95 Wn.2d at 87.
Bird, 95 Wn.2d at 88.
Bird, 95 Wn.2d at 89.
Bird, 95 Wn.2d at 86.
Former RCW 13.40.160(6) (Laws of 1981, ch. 299, § 13).
RCW 13.40.160(7), amended by Laws of 1997, ch. 338, § 25.
See State v. Fenter, 89 Wn.2d 57, 62, 569 P.2d 67 (1977) (the legislature is presumed to know of the Supreme Court’s decisions and to consider them in later legislation).
A.S. has not argued below or on appeal that another exception to RCW 13.40.160(7) applies.
Reference
- Full Case Name
- The State of Washington v. A.S.
- Cited By
- 3 cases
- Status
- Published