State v. Chambers
State v. Chambers
Opinion of the Court
¶1 James John Chambers Jr. was charged with several crimes arising from incidents which occurred during February, May, and November 1999.
¶2 Several years later, Chambers filed personal restraint petitions (PRPs), seeking to withdraw his plea to the February charges and arguing that his sentence on the November charges was incorrectly calculated. The trial court granted Chambers’ motion to withdraw his February plea but denied his request for resentencing on the November charges. The Court of Appeals consolidated the PRPs and reversed, holding that the pleas were indivisible and declining to consider the validity of the sentence arising from the November crimes. We hold that Chambers entered into a global plea agreement that was indivisible and that he failed to demonstrate that his 240 month sentence resulted in a complete miscarriage of justice.
FACTS AND PROCEDURAL HISTORY
¶3 In February 1999, the State charged Chambers with four crimes under Pierce County Superior Court No. 99-1--00817-2, including one count of unlawful possession of a controlled substance, one count of unlawful manufacturing of a controlled substance (both with firearm enhance
¶4 Following his pleas but prior to sentencing, Chambers committed several additional crimes, including fatally injuring a pedestrian while driving a stolen vehicle. On November 22, he was charged with one count of failure to remain at an injury accident, two counts of first degree possession of stolen property, one count of unlawful possession of a firearm, and one count of unlawful manufacture of methamphetamine under no. 99-1-05307-1 (November charges).
¶5 The prosecutor’s office offered Chambers a plea agreement following the November charges, which was memorialized in a letter on February 9, 2000. The letter stated that the offer included two parts. First, Chambers must agree that the sentencing for the November charges would run consecutively to the February and May charges. As to the range, the letter noted the standard range of 149-198 months for the February charges and stated that Chambers was free to ask for the low end of the range.
¶6 The second part of the offer required Chambers to plead guilty to the November charges. The letter stated that the statutory maximum for a crime of manufacture or possession with intent to deliver was 10 years. However, the letter then erroneously said that RCW 69.50.408 authorized a doubling of the standard range for a subsequent conviction for these charges. In re Pers. Restraint of Cruz, 157 Wn.2d 83, 90, 134 P.3d 1166 (2006) (RCW 69.50.408 authorizes doubling of the statutory maximum, not the standard range). The letter continued, “Your client would
¶7 Finally, the letter noted that if the offer was rejected, the State would amend the November charges to include a felony murder charge and a gun enhancement on the manufacturing charge.
¶8 On March 17, 2000, Chambers pleaded guilty to the November charges, pursuant to the plea agreement. Also that day, the trial court entered judgment and sentence on the February charges and the May charge. The judgment and sentence form stated that the charges would run concurrently to one another but consecutively to the November charges that were yet to be sentenced, following the State’s recommendation.
¶9 Judgment and sentence was entered on May 5, 2000 for the November charges. At sentencing, the State described the agreement, including the agreed recommendation of 240 months and that the sentences would run concurrently to one other but consecutively to the February and May charges. In response, the court stated, “[I]t’s my understanding that that’s the highest standard range sentence available for each count.” Pl.’s Ex. 2, at 5. The State confirmed. On imposing the sentence, the court observed:
Mr. Chambers’ life was just totally out of control when this happened, completely, in every way. And because of that, there’s really no sentence that’s fair other than the high end of the range on each of the counts, as is being suggested. I’m going to impose the agreed-on sentence and the other financial conditions and otherwise that the State’s requesting.
Id. at 17. The trial court directed the November sentence to run consecutively to the February and May sentences, as recommended by the State.
¶10 In 2008, Chambers filed a PRP, challenging his sentence on the February charges. The Court of Appeals
¶11 Chambers also sought relief from the November judgment and sentence, arguing that it was based on an erroneous doubling of the sentencing range. The trial court denied relief. Both parties appealed.
¶12 The Court of Appeals consolidated the two cases and determined that the plea agreement was indivisible, reversing the trial court. State v. Chambers, 163 Wn. App. 54, 62, 256 P.3d 1283 (2011). The court did not decide the validity of the sentence for the November crimes, reasoning that the issue was moot in light of its holding on indivisibility of the agreement. Id. at 61. The Court of Appeals remanded, noting that Chambers may seek to withdraw his pleas to the February and November charges. Id. at 62.
ANALYSIS
I. Divisibility of the plea agreement
¶13 We first consider whether Chambers’ pleas were part of an indivisible plea agreement. “A plea agreement is essentially a contract made between a defendant and the State.” State v. Turley, 149 Wn.2d 395, 400, 69 P.3d 338 (2003); State v. Hardesty, 129 Wn.2d 303, 318, 915 P.2d 1080 (1996). Whether a contract is divisible or indivisible is dependent upon the intent of the parties. Turley, 149 Wn.2d
¶14 In Turley, we were asked to decide whether a defendant can withdraw his guilty plea to one count addressed in a plea agreement, but not to others. Id. at 398. We held that the agreement was indivisible based on the record, which showed the defendant had pleaded guilty to multiple charges in a single proceeding and that the pleas were described in the same agreement. Id. at 398, 402. Accordingly, we held the defendant could not withdraw his plea to only one of the charges.
¶15 Relying on Turley, Chambers contends his plea agreement is divisible because the February and November charges were eight months apart, he was sentenced in separate proceedings, and the sentences were entered in different documents. Chambers appears to argue that the facts we identified in Turley established a new “factors” test. That is incorrect. Turley merely identifies the facts in that case, which revealed an objective intent to address all of the charges in a comprehensive plea agreement, i.e., “a ‘package deal.’ ” Id. at 400. We continue to look to the objective manifestations of the parties to determine whether a plea is indivisible.
¶16 Here, the record shows the parties’ intent to create a global, indivisible plea agreement. First, the letter memorializing the agreement referenced all of the cause numbers and sentences for the February, May, and November charges. Second, the letter stated that the sentences for the February and May charges would run concurrently to one other but consecutively to the November charges. This demonstrates the interconnectedness of the charges. In addition, the letter specifically authorized Chambers to seek the low end of the standard range on count one of the February charges, evidencing that the range on the February charges was a consideration in the agreement and a concession by the State.
THE COURT: Was part of the rationale for the State’s recommendation on this case [99-1-00817-2] the fact that [Chambers] was willing to plead guilty on those other matters?
[STATE]: That is correct, Your Honor. He’s coming into this, he’s pleading guilty to the other matters. Though he is getting a certain break on those, Murder 2 for him would be low end 396 with one-sixth off. So he’s getting a consideration there as well. But that is why the State is recommending [the] low end here is because he did step forward and plead as charged on [99-l-05]307-l. And there are two consecutive 36 months flat time firearms sentencing enhancements on these two matters.
[DEFENDANT’S COUNSEL]: Your Honor, I’d just like to join in the State’s recommendation and ask that the Court go along with the recommendation of 149 months. I know that as hard as we’ve tried on the sentencing enhancements, I know that your hands are tied in that regard. And there’s nothing further.
THE COURT: . . . On the one hand, I suppose you can lay most of the blame off on the drugs. On the other, with your - the extent of your criminal involvement it would be justified to easily go to the high end of the range in all these charges.
I think, though, given the fact that this has all been resolved through plea, that both the State and the defense have invested some time and thought into this to try and reach a reasonable resolution for everybody, that the joint recommendation is the appropriate one.
Verbatim Transcript of Proceedings (Mar. 17, 2000) at 16-17, 21-22.
¶18 As evidenced in the trial court record, the State specifically noted its low recommendation was based on
II. Legality of the sentence
f 19 The Court of Appeals declined to review the validity of the sentence imposed for the November charges in light of its holding that the plea agreements were indivisible. Although a plea agreement may exist, a defendant is not precluded from review if there is a fundamental defect justifying collateral relief. See In re Pers. Restraint of West, 154 Wn.2d 204, 214-15, 110 P.3d 1122 (2005); In re Pers. Restraint of Goodwin, 146 Wn.2d 861, 873-74, 50 P.3d 618 (2002) (determining that a plea agreement does not prevent a defendant from collaterally attacking a sentence that is in excess of statutory authority). Accordingly, we must address the validity of the November sentence in light of Chambers’ contention that the 240 month sentence he agreed to was “illegal and . . . erroneous.” Pet. for Review at 6.
¶20 Initially, we must determine if Chambers’ PRP is time barred under RCW 10.73.090(1). A collateral attack on a judgment and sentence may not be made more than one year after the judgment becomes final if the judgment and sentence was facially valid and entered with competent jurisdiction, subject to the exceptions in RCW 10.73.100. RCW 10.73.090; In re Pers. Restraint of Stenson, 174 Wn.2d 474, 485, 276 P.3d 286 (2012). Generally, a judgment and sentence is facially invalid “if it exceeds the duration
¶21 Chambers failed to file his personal restraint petition within one year of the judgment and sentence for the November charges. However, he received an exceptional sentence of 240 months, which falls outside the standard range of 149-198 months. There were no written findings of fact and conclusions of law setting forth the reasons for an exceptional sentence as required under former RCW 9.94A.120(3) (2000). Therefore, his sentence is invalid on its face and the one year time bar does not apply.
¶22 Next, we must determine whether Chambers is entitled to collateral relief. In re Pers. Restraint of Elmore, 162 Wn.2d 236, 251, 172 P.3d 335 (2007). “Imposition of a sentence which is not authorized by the SRA [(Sentencing Reform Act of 1981, ch. 9.94A RCW,)] is a fundamental defect which may justify collateral relief.” In re Pers. Restraint of Breedlove, 138 Wn.2d 298, 304, 979 P.2d 417 (1999); In re Pers. Restraint of Moore, 116 Wn.2d 30, 33, 803 P.2d 300 (1991). The burden is on a petitioner to show actual prejudice for claimed constitutional errors, and to show a fundamental defect resulting in a complete miscarriage of justice for nonconstitutional errors by a preponderance of the evidence. Elmore, 162 Wn.2d at 251; Breedlove, 138 Wn.2d at 304; In re Personal Restraint of Cook, 114 Wn.2d 802, 811-12, 792 P.2d 506 (1990). We have held that a sentence based on a miscalculated offender score that resulted in a sentence outside the standard range is a nonconstitutional error requiring the petitioner to meet the complete miscarriage of justice standard. Goodwin, 146 Wn.2d at 876.
¶23 Chambers contends that due to an erroneous application of the doubling rule, his sentence is outside the
¶24 Chambers argues that the 240 month sentence he received was an imposition of an exceptional sentence without substantial and compelling reasons, in violation of the SRA. At the time of Chambers’ sentencing, former RCW 9.94A.120(2) authorized a court to impose an exceptional sentence when there were “substantial and compelling reasons justifying an exceptional sentence.”
¶25 The illustrative factors were codified following the United States Supreme Court ruling in Blakely v. Washington, 542 U.S. 296, 301, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), where the Court held that a jury must determine any aggravating factor used to impose a sentence beyond the standard range, other than a prior conviction. Laws of 2005, ch. 68, § 1. The language of the free crime exception changed and the “clearly too lenient” language was removed. RCW 9.94A.535(2)(c) now explicitly authorizes a trial court to impose aggravated exceptional sentence without a finding of fact by a jury when “[t]he defendant has committed multiple current offenses and the defendant’s high offender score results in some of the current offenses going unpunished.” Even in light of Blakely, no factual
¶26 Similarly, RCW 9.94A.535(2)(a) authorizes an exceptional sentence without a jury finding following Blakely when
[t]he defendant and the state both stipulate that justice is best served by the imposition of an exceptional sentence outside the standard range, and the court finds the exceptional sentence to be consistent with and in furtherance of the interests of justice and the purposes of the sentencing reform act.
A defendant’s stipulation and the free crime exception are substantial and compelling reasons for imposing an exceptional sentence. Breedlove, 138 Wn.2d at 300; Mutch, 171 Wn.2d at 661.
¶27 Here, the judge was authorized to impose an exceptional sentence, both because Chambers had multiple offenses that would go unpunished and because Chambers stipulated to the sentence in his agreement. Supporting an exceptional sentence based on the free crime exception, Chambers’ high offender score of 17 on count V would have resulted in his other counts going unpunished.
¶28 Chambers cannot show a complete miscarriage of justice. Indeed, he received the precise sentence he stipulated to in the plea agreement. There is a strong public
¶29 The failure of the trial judge to check the exceptional sentence box and enter a finding of fact does not require resentencing when the sentence was requested by the defendant. Breedlove, 138 Wn.2d at 311. In Breedlove, the parties agreed that an exceptional sentence was justified in light of the crime and possibility a potential murder conviction would result as a “ ‘most serious offense’ ” classification under the “ ‘three strikes’ ” law. Id. at 310. Although the judge accepted the parties’ stipulation to an exceptional sentence, he failed to enter findings of fact and conclusions of law justifying the sentence on the grounds described in the stipulation. Id. We stated that the parties’ stipulation did not relieve the judge’s duty under former RCW 9.94A.120(3) to enter these findings; however,
[t]he failure to enter findings does not justify vacation of the sentence in a personal restraint proceeding unless it is a fundamental defect which results in a complete miscarriage of justice. See In re Personal Restraint of Cook, 114 Wn.2d 802, 812, 792 P.2d 506 (1990). There is no miscarriage of justice where the sentence imposed is the precise sentence requested by the defendant.
Breedlove, 138 Wn.2d at 311. While the sentencing judge here should have checked the appropriate box and entered
¶30 Chambers also argues that the judge mistakenly believed the sentence was within the standard range, and therefore resentencing is necessary to allow the judge to consider the correct standard range. Chambers relies on Goodwin, 146 Wn.2d 861, and In re Personal Restraint of Johnson, 131 Wn.2d 558, 933 P.2d 1019 (1997), to support his claim.
¶31 In Goodwin, the defendant argued that his offender score was miscalculated because it included “ ‘washed out’ ” offenses. Goodwin, 146 Wn.2d at 864-65. We agreed that his score was miscalculated and, as a matter of law, the sentence imposed was in excess of what was statutorily permitted. Id. at 875-76. In contrast, Chambers’ sentence did not exceed that which was permitted by law.
¶32 In Johnson, the defendant’s incorrectly calculated offender score resulted in a sentence that was lawful and within the standard range. Johnson, 131 Wn.2d at 561-62. However, the trial court stated its intent to impose a sentence at the low end of the standard range, imposing a sentence similar to Johnson’s codefendants. Id. at 561. The court believed the standard range to be 261-347 months, but it was actually 250-333 months. Id. at 561-62. Johnson argued that in light of the court’s intention to give him a sentence at the low end, he was prejudiced by the incorrect calculation. Id. We agreed, reasoning that although the sentence Johnson received was legally authorized because it was within the standard range, the judge intended the sentence to be in line with Johnson’s codefendants. Id. at 569.
¶33 Unlike Johnson, Chambers bargained for his sentence and his sentence was not the product of a miscalculated offender score. Neither Goodwin nor Johnson requires resentencing in this case.
¶34 Our decision in State v. Parker, 132 Wn.2d 182, 937 P.2d 575 (1997) is closer to the mark. In Parker, the trial
¶35 The record here indicates the sentencing judge would have imposed the same sentence had the correct range been presented. The judge acknowledged that a high sentence was appropriate when he said:
Mr. Chambers’ life was just totally out of control when this happened, completely, in every way. And because of that, there’s really no sentence that’s fair other than the high end of the range on each of the counts, as is being suggested.
Pl.’s Ex. 2, at 17. The judge intended to, and in fact did, follow the parties’ agreement. In essence, Chambers got the benefit of the bargain he made.
CONCLUSION
¶36 We hold that the agreement Chambers entered into was indivisible based on the parties’ objective manifestation of intent. Further, we hold that Chambers fails to establish that his sentence for the November crimes resulted in a complete miscarriage of justice because he received the exact sentence that he stipulated to and the judge had the legal authority to impose it. Accordingly, we affirm the Court of Appeals’ holding as to the indivisibility of the plea agreement and dismiss Chambers’ PRP challenging his sentence for the November charges.
Because the State filed multiple charges stemming from each incident, we refer only to the date of the crimes, rather than the specific charges, except where the specific charges are relevant.
Former RCW 9.94A.120 has since been recodified as RCW 9.94A.505. This language is now codified in RCW 9.94A.535.
Count V had an offender score of 17. Any score above 9 results in a standard range equal to that received under a score of 9. Removing counts I-IV would not reduce Chambers score below 9.
Dissenting Opinion
¶37 (dissenting) — The majority’s holding speculates about what the trial court could have done if the
DISCUSSION
¶38 As a threshold matter, I agree with the majority that the objective intentions of the parties indicate that Chambers entered into an indivisible plea agreement that encompassed crimes committed in February, May, and November 1999. See majority at 580-83.1 also agree with the majority that because “[t]here were no written findings of fact and conclusions of law setting forth the reasons for an exceptional sentence as required under former RCW 9.94A-.120(3) (2000),” majority at 584, Chambers’ judgment and sentence is invalid on its face and thus overcomes the one-year time bar of RCW 10.73.090(1).
¶39 I part ways with the majority when it holds that Chambers cannot demonstrate that his sentence resulted in a complete miscarriage of justice because the trial court could have imposed an exceptional sentence if it had entered the findings required by the SRA. The majority reaches this conclusion “both because Chambers had multiple offenses that would go unpunished and because Chambers stipulated to the sentence in his [plea] agreement.” Majority at 586. I cannot join in these post hoc could-haves or would-haves to affirm the imposition of a sentence that was not authorized by the law and resulted in at least 42 additional months of incarceration. Instead of engaging in such speculation, the trial court should have
I. The trial court plainly failed to follow the requirements of the SRA
¶40 The version of the SRA under which Chambers was sentenced stated that “[t]he court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of the chapter, that there are substantial and compelling reasons justifying an exceptional sentence.” Former RCW 9.94A.120(2) (2000), recodified as RCW 9.94A.505 (Laws of 2001, ch. 10, § 6); majority at 585. Former RCW 9.94A. 120(3) requires a court imposing a sentence outside the standard range to “set forth the reasons for its decision in written findings of fact and conclusions of law.”
¶41 In Chambers’ case, the sentencing judge imposed a sentence outside the standard sentence range for count V of his November crimes (unlawful manufacture of a controlled substance) by doubling the standard range under RCW 69.50.408(1), a provision of the Uniform Controlled Substances Act, chapter 69.50 RCW, that allows any offender “convicted of a second or subsequent offense” to be “imprisoned for a term up to twice the term otherwise authorized ... .”
II. Chambers’ unauthorized exceptional sentence resulted in a complete miscarriage of justice
¶42 The majority admits that the trial court exceeded its authority when it determined that Chambers’ judgment and sentence is facially invalid. Majority at 584. Yet the majority concludes that the resulting 240-month sentence does not meet the complete miscarriage of justice standard because the “judge was authorized to impose an exceptional sentence” under the “free crime” exception or because of Chambers’ stipulation to a 240-month sentence in the plea agreement. Majority at 586. The majority confuses what a judge may be authorized to do and what a judge actually does.
¶43 Had the trial judge made the required findings that Chambers’ “presumptive sentence” was “clearly too lenient,” former RCW 9.94A.390(2)(i) (2000), recodified as RCW 9.94A-.535 (Laws of 2001, ch. 10, § 6), he may have determined that a 240-month exceptional sentence was appropriate because Chambers’ high offender score resulted in some of his crimes going unpunished. But, as already discussed, the judge did not make any findings that authorized an exceptional sentence of any kind, let alone one that demonstrated that Chambers’ standard range sentence of 149 to 198 months was too lenient. Thus, the majority’s reliance on the “free crime” exception erroneously equates fiction with fact.
¶45 The majority also reasons that the unlawful sentence imposed resulted in no prejudice to Chambers because Chambers “received the precise sentence he stipulated to in the plea agreement.” Majority at 586. The majority notes that Chambers avoided a felony second degree murder charge and a firearm enhancement on count V by pleading guilty. Id. at 579. Our case law, however, does not allow criminal defendants to stipulate to punishment beyond what the legislature has authorized in the SRA. In re Pers. Restraint of Goodwin, 146 Wn.2d 861, 871, 50 P.3d
¶46 In short, I cannot agree with the majority that the violation of the SRA in this case did not result in prejudice because an exceptional sentence could have been imposed as a result of either the “free crime” exception or Chambers’ stipulation to a 240-month sentence. Without the entry of specific findings of fact and conclusions of law that justified an exceptional sentence, the only lawful sentence the trial court could have imposed was a standard-range sentence between 149 and 198 months. Therefore, Chambers’ 240-month sentence overshot what the judge could have lawfully imposed by 42 months. It is hard to imagine how exceeding the authorized sentence by some three and a half years does not result in a “complete miscarriage of justice.” Chambers demonstrates the necessary prejudice and is entitled to receive a lawful sentence under the SRA.
¶47 Our cases require remand for corrected sentencing where a legally erroneous sentence has been imposed. In In re Personal Restraint of Tobin, we determined that the sentencing court imposed a sentence “beyond that authorized by law.” 165 Wn.2d 172, 175, 196 P.3d 670 (2008). We stated that in such circumstances, “the proper remedy is remand for correction of the error.” Id. at 176.
¶48 In In re Personal Restraint of West, the defendant pleaded guilty and agreed to a sentence that prohibited the Department of Corrections (DOC) from giving her early release credit. 154 Wn.2d 204, 215, 110 P.3d 1122 (2005). We held that the trial court exceeded its authority because only the DOC had authority to grant early release credit. Id. at 212-13. This error entitled the petitioner to reversal of the “ ‘erroneous portion of the sentence imposed.’ ” Id. at 215 (quoting State v. Eilts, 94 Wn.2d 489, 496, 617 P.2d 993 (1980)).
¶49 We have stated that “a defendant cannot agree to punishment in excess of that which the Legislature has established.” Goodwin, 146 Wn.2d at 873-74. In Goodwin, the sentencing court imposed a sentence based on a miscalculated score to which the defendant agreed. Id. at 864-65, 867. Because the sentencing court exceeded its authority in doing so, we required relief in the form of resentencing within statutory authority. Id. at 877.
¶50 In Breedlove, we stated that “[t]he fact that a stipulation may be a substantial and compelling reason justifying an exceptional sentence does not relieve the sentencing court of its duty to enter findings of fact and conclusions of law which explain the reasons for the sentence.” 138 Wn.2d at 310. For this reason, we remanded Breedlove to the trial court “for the entry of findings of fact and conclusions of law supporting the exceptional sentence.” Id. at 313. Thus, even if Chambers’ stipulation were a substantial and compelling reason to impose an exceptional sentence, Breedlove compels remand for the trial court to make findings of fact and conclusions of law on this issue.
¶51 The majority contends that State v. Parker, 132 Wn.2d 182, 937 P.2d 575 (1997), should control our decision here. Majority at 588. In Parker, we stated that “[w]hen the sentencing court incorrectly calculates the standard range before imposing an exceptional sentence, remand is the remedy unless the record clearly indicates the sentencing court would have imposed the same sentence anyway.” 132 Wn.2d at 189. The majority excerpts the sentencing judge’s comments that “ ‘there’s really no sentence that’s fair other than the high end of the range on each of the counts,’ ” majority at 589 (quoting VRP (May 5, 2000) at 17), to conclude that the “record here indicates the sentencing judge would have imposed the same sentence had the correct range been presented,” id. To the contrary, we cannot know whether the judge would have imposed a sentence at the high end of the standard range or would have imposed an exceptional sentence given that the judge did not contemplate this distinction. Guessing what the judge would have done in this case “would uphold a sentence which the sentencing judge might not have imposed given correct information.” Parker, 132 Wn.2d at 190.
¶52 These cases all demonstrate that where the trial court has imposed a sentence not authorized by the SRA,
CONCLUSION
¶53 The majority’s holding assumes that the trial court would impose the same sentence on Chambers regardless of whether it complies with the SRA. Instead of speculating what the trial court would have done or could have done had it followed the SRA’s requirements, we should grant Chambers’ PRP and remand this sentencing matter for the trial court to impose a sentence that is lawful under the pertinent provisions of the SRA.
¶54 I dissent.
The State doubled the standard range of 149 to 198 months to 298 to 396 months and then capped the range at the doubled statutory maximum of 240 months to arrive at Chambers’ 240-month sentence. As the majority acknowledges, this was erroneous because RCW 69.50.408 permits the doubling of the statutory maximum for an offense; it does not authorize doubling the standard range. Majority at 578-79 (citing In re Pers. Restraint of Cruz, 157 Wn.2d 83, 90, 134 P.3d 1166 (2006)).
The majority’s reliance on and discussion of more recent amendments to the SRA that were prompted by Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), further confuse its discussion of the “free crime”
The majority simply states that unlike Goodwin, Chambers’ sentence was not in excess of statutory authority. As already discussed and as the majority implicitly acknowledges when it holds that Chambers’judgment and sentence was facially invalid, the sentencing court exceeded its authority when it imposed a sentence outside the standard range without entering written findings of fact and conclusions of law that provided reasons for imposing an exceptional sentence. See majority at 584.
Reference
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- The State of Washington v. James John Chambers, Jr.
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