State v. Mandanas
State v. Mandanas
Opinion of the Court
¶1 A jury convicted Bayani John Mandanas of felony assault and felony harassment, both while armed with a firearm. The trial court ruled that the offenses were not the same criminal conduct for purposes of RCW 9.94A.589(1)(a) (the sentencing statute) and that the firearm enhancements were to run consecutively. The Court of Appeals partially vacated the trial court’s ruling, holding that the offenses were the same criminal conduct and that the enhancements were to run consecutively. State v. Mandanas, noted at 139 Wn. App. 1017, 2007 WL 1739702, at *10, 2007 Wash. App. LEXIS 1654, at *26, review granted in part, 163 Wn.2d 1021, 185 P.3d 1994 (2008).
¶2 Mandanas contends that a sentencing court cannot impose multiple enhancements under RCW 9.94A.533(3)(e) (the enhancement statute) when the offenses are considered the same criminal conduct under the sentencing statute. He also contends that the enhancement statute is ambiguous in these circumstances and that the rule of lenity therefore applies. In the alternative, he claims that the enhancements violate double jeopardy. We reject Mandanas’s primary arguments and do not reach his alternative assertion. We accordingly affirm the Court of Appeals.
I
¶3 During an altercation between Mandanas and Carlos Padilla on December 20, 2004, Mandanas punched Padilla in the face, hit him in the head with a gun, and then pointed the gun at Padilla’s head and threatened to kill him. Padilla managed to retreat into a medical clinic, but Mandanas followed and again hit Padilla in the head with the gun before fleeing the scene. Mandanas was convicted of one count of felony assault in the second degree and one count
¶4 The Court of Appeals reversed the trial court in part, vacated Mandanas’s sentence, and remanded for resentencing. In relevant part, the Court of Appeals determined that the trial court abused its discretion by holding that Mandanas’s offenses did not constitute the same criminal conduct for purposes of the sentencing statute. The Court of Appeals upheld the two consecutive firearm enhancements imposed by the trial court and concluded that the enhancements did not violate double jeopardy. We granted review “only as to the sentencing issue.” Wash. Supreme Court Order, State v. Mandanas, No. 80441-9 (Apr. 30, 2008).
II
¶5 “Statutory interpretation is a question of law that this court reviews de novo.” State v. Williams, 158 Wn.2d 904, 908, 148 P.3d 993 (2006) (citing Am. Cont’l Ins. Co. v. Steen, 151 Wn.2d 512, 518, 91 P.3d 864 (2004)). “When interpreting any statute, our primary objective is to ‘ascertain and give effect to the intent of the Legislature.’ ” Koenig v. City of Des Moines, 158 Wn.2d 173, 181, 142 P.3d 162 (2006) (quoting Nat’l Elec. Contractors Ass’n v. Riveland, 138 Wn.2d 9, 19, 978 P.2d 481 (1999)). “ ‘In order to determine legislative intent, we begin with the statute’s plain language and ordinary meaning.’ ” Id. (quoting Nat’l Elec. Contractors Ass’n, 138 Wn.2d at 19). If the plain language of a statute is subject to only one interpretation, then our inquiry ends. State v. Armendariz, 160 Wn.2d 106, 110, 156 P.3d 201 (2007) (citing State v. J.P., 149 Wn.2d 444, 450, 69 P.3d 318 (2003)). If a statute is subject to more than one reasonable interpretation, it is ambiguous. State ex rel.
Ill
¶6 We must decide whether sentencing courts are statutorily required to impose multiple enhancements where a defendant is convicted of multiple enhancement-eligible offenses that constitute the same criminal conduct under the sentencing statute. Mandanas argues that the legislature did not authorize multiple enhancements where a defendant is sentenced for the same criminal conduct. Pet’r’s Suppl. Br. at 10. The State responds that this argument “is not supported by the language of the statutes in question.” Suppl. Br. of Resp’t at 9. We agree with the State.
¶7 Under the enhancement statute, firearm enhancements are clearly mandatory for all enhancement-eligible offenses irrespective of the terms of the sentencing statute.
¶8 Turning to the sentencing statute, it provides in relevant part:
[W]henever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender score: PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as one crime.. . . “Same criminal conduct,” as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and involve the same victim.
RCW 9.94A.589(1)(a). Thus, by its plain terms, the effect of the sentencing statute is only “for the purpose of the offender score.” Id. The sentencing statute does not mention or refer to firearm enhancements or the enhancement statute. As our court has previously stated, the sentencing statute “pertains to sentencing for multiple offenses, not enhancements.” Jacobs, 154 Wn.2d at 603. There is simply no language in either the sentencing or enhancement statute that is supportive of Mandanas’s assertion that the sentencing statute limits the applicability of the enhancement statute.
¶10 Mandanas asserts in the alternative that imposing multiple firearm enhancements for his multiple offenses violates double jeopardy. Id. at 15-19. We do not reach this issue because, as noted above, we accepted review as to only the sentencing issue, and thus the double jeopardy question exceeds the scope of our review. RAP 13.7(b).
IV
¶11 While armed with a firearm, Mandanas committed two offenses. Each offense was eligible for a firearm enhancement. For the reasons stated above, both of Mandanas’s enhancements are mandatory and they must be served consecutively. We affirm the Court of Appeals.
RCW 9.94A.533(3)(f) identifies the exceptions to the firearm enhancements, stating, “The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.”
Concurring Opinion
¶12 (concurring)
He thought that in the history of the world it might even be that there was more punishment than crime but he took small comfort from it.[2 ]
¶13 As do I. But I cannot fault the majority’s textual analysis. Most of all this case highlights the legal fiction of
¶14 I concur.
Cormac McCarthy, The Road 33 (Vintage Int’l 2008).
Reference
- Full Case Name
- The State of Washington v. Bayani John Mandanas
- Cited By
- 20 cases
- Status
- Published