State v. Christen
State v. Christen
Opinion of the Court
The question in this case is whether Jason M. Christen is entitled to withdraw his plea of guilty to a charge of attempted second degree murder. The trial court answered no, and so do we.
In April 2000, Christen was incarcerated at a juvenile correctional institution. On April 20, 2000, he assaulted one of its officers. On April 25, 2000, the State charged him with attempted first degree murder. On August 21, 2000, the State reduced the charge to attempted second degree murder, and he entered an Alford
At the plea proceeding, Christen submitted a written plea form. It stated that his offender score was 9 1/2; that his standard range was 223 1/2-297 3/4 months; and that the prosecutor would recommend a sentence of “mid-standard range (260 3/4 months).”
Q [by the court]:. . . [D]o you understand that the standard range for this crime is 223 and a half months to 297 and three-quarter months? Do you understand that?
A [by Christen]: Yes, I understand.
Q: And [defense counsel], you’ve checked that and you know that to be true?
A: Yes, Your Honor.
Q: And you understand that the figures I just read were based on your criminal history and that if they find additional criminal history that that could change, that could go up or down? Do you understand that?
A: Yes, your Honor.[3 ]
Christen then indicated that he still wanted to plead guilty.
On September 8, 2000, a community corrections officer filed a pre-sentence report. He calculated Christen’s true offender score as 7 1/2 and his standard range as 162-237 months.
The court held a sentencing hearing the same day. Both counsel agreed that the community correction officer’s calculations were correct. After asserting that “we’re released from our agreement to recommend the mid-point of the range based upon everybody’s misconception of the numbers!, ]”
On August 1, 2001, Christen moved to withdraw his Alford plea. He alleged that the prosecutor had breached his agreement to recommend a “mid-standard range;”
Christen argues on appeal that he had the right to withdraw his guilty plea because he did not understand his correct standard range when he decided to plead guilty. He asserts that he would have elected to encounter the risk of trial if he had known his standard range was lower, and thus that his decision to plead was not knowing, voluntary, and intelligent. The State responds that his motion to withdraw was properly denied because (1) when he entered his plea, he acted “knowingly and voluntarily with a full understanding that his offender score could change by the time sentencing was held”; or (2) when he appeared at sentencing, he “chose to continue . . . without objection after being told of the State’s different (lower) sentencing recommendation.”
We agree with the State’s first contention. In State v. McDermond,
[T]hree questions will determine whether a plea of guilty was initially invalid due to incomplete or inaccurate advice about one or more of its consequences. (1) Was the defendant incompletely or inaccurately advised about one or more consequences of the plea? (2) Could the defective advice have materially affected the defendant’s decision to plead guilty? (3) Did the defective advice materially affect the defendant’s decision to plead guilty? The first and third questions are factual. The second question is legal and reflects that some consequences are so minor (i.e., so “collateral”) the law will not recognize them as affecting the decision to plead guilty. If the answer to any question is no, the remaining questions need not be reached, and the plea should be upheld. If the answer to all three questions is yes, the plea should be set aside.[9 ]
We would reach the same result if, alternatively, we were to use a “waiver” approach. An accused has the right, when pleading guilty, to be accurately informed of each material sentencing consequence,
Although the foregoing is dispositive, we note briefly our disagreement with the State’s second contention (i.e., that Christen lost whatever right to withdraw his plea he
Affirmed.
Houghton and Bridgewater, JJ., concur.
Reconsideration denied May 28, 2003.
Review denied at 150 Wn.2d 1027 (2004).
See North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970); State v. Newton, 87 Wn.2d 363, 552 P.2d 682 (1976).
Clerk’s Papers (CP) at 177.
Report of Proceedings (RP) (Aug. 21, 2000) at 6-7 (emphasis added).
RP (Sept. 8, 2000) at 3-4.
CP at 223.
CP at 219.
Br. of Resp’t at 10 (bolding and capitals omitted).
State v. McDermond, 112 Wn. App. 239, 47 P.3d 600 (2002).
112 Wn. App. at 248, noted in In re Pers. Restraint of Hemenway, 147 Wn.2d 529, 535 n.4, 55 P.3d 615 (2002) (Chambers, J., dissenting).
RP (Aug. 21, 2000) at 6-7.
State v. Oseguera Acevedo, 137 Wn.2d 179, 194, 970 P.2d 299 (1999).
McDermond, 112 Wn. App. at 250; State v. Moon, 108 Wn. App. 59, 62, 29 P.3d 734 (2001).
Johnson v. Zerbst, 304 U.S. 458, 464, 58 S. Ct. 1019, 82 L. Ed. 1461 (1938) (“waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege”); State v. Vy Thang, 145 Wn.2d 630, 648, 41 P.3d 1159 (2002) (“[w]aiver is the voluntary relinquishment of a right”); State v. Thomas, 128 Wn.2d 553, 558, 910 P.2d 475 (1996); State v. Kelly, 60 Wn. App. 921, 929, 808 P.2d 1150 (1991).
The written plea form does not clearly state that the range might go down before sentencing. Any deficiency was corrected, however, by the trial court’s oral statements.
143 Wn.2d 1, 17 P.3d 591 (2001).
Reference
- Full Case Name
- The State of Washington v. Jason M. Christen
- Cited By
- 4 cases
- Status
- Published