State v. Adcock

• Decision Date: 17 July 1967
• Citation: 676 P.2d 1040,36 Wn.App. 699
• Court: Washington Court of Appeals
• Parties: STATE of Washington, Respondent, v. Douglas L. ADCOCK, B.D

Page 699

36 Wn.App. 699

676 P.2d 1040

STATE of Washington, Respondent, v. Douglas L. ADCOCK, B.D. 7/17/67, Appellant.

No. 11938-9-I.

Court of Appeals of Washington,

Division 1.

Feb. 21, 1984.

Rehearing Denied April 5, 1984.

Washington Appellate Defender, Raymond H. Thoenig, Seattle (Court-appointed), for appellant.

Norman K. Maleng, King County Pros. Atty., Barbara L. Corey-Boulet, Deputy Pros. Atty., Seattle, for respondent.

SCHOLFIELD, Judge.

Douglas L. Adcock appeals a juvenile court disposition finding him to be a middle offender and ordering him committed to the Division of Juvenile Rehabilitation for a period of 21 to 28 weeks, alleging the court erred in failing to determine the standard range of disposition for his offense, and in considering his "criminal history." We affirm.

Adcock pleaded guilty to a charge of second degree burglary on May 27, 1982. His Statement on Plea of Guilty reflected that he knew his criminal history was subject to the court's later determination. On July 12, 1978, Adcock had been convicted of third degree theft. On November 6, 1981, he had been convicted of two counts of second degree burglary and one count of reckless endangerment. Adcock's counsel informed the judge before he accepted Adcock's guilty plea that she had explained the possible maximum and minimum sentences for the charge, and that his disposition would depend upon the court's interpretation of his criminal history. The judge accepted Adcock's plea, then continued the hearing to give the parties an opportunity to brief the legal question of whether the November 1981 incidents should be counted as three separate convictions in computing the standard disposition range, or whether only the highest of the three charges would count, pursuant to RCW 13.40.020(6)(a). ¹

At the disposition hearing, Adcock argued that his three November 1981 convictions were committed during one "course of conduct" because they occurred during a period when he "had run away from home". ² Adcock's interpretation would have limited the judge's sentencing discretion to a lower level within the standard range. The State argued the November 1981 offenses were three separate convictions for the purpose of calculating Adcock's criminal history. The State's interpretation allowed the judge to impose an increased sentence within the standard range. The judge ruled that each of the November 1981 convictions would count as an offense in computing Adcock's criminal history because the offenses did not occur in the same course of conduct.

Adcock first contends the trial judge erred in failing to determine the standard disposition for his offense before entering the order of disposition. Although the standard range finding in the order was left blank, the report of proceedings reveals that Adcock's counsel informed the court she had thoroughly explained the criminal history, the arguments made, what his maximum and minimum possible sentences were, and that he understood the standard range and the concept of manifest injustice. Counsel stated, "Douglas and I have been through this two times before, I am going through the same plea form, therefore I am very sure in my opinion that he totally understands everything that is contained on it." Adcock acknowledged understanding the standard ranges and criminal history. The technical error of failure to mark the juvenile court form does not require reversal.

Adcock next contends RCW 13.40.020(6) does not apply to the determination of the standard range of disposition. We do not agree.

In construing the Juvenile Justice Act of 1977, a court looks exclusively to the statute as authority for the adjudication and disposition of juvenile offenders, except where otherwise expressly provided. RCW 13.04.450. The Supreme Court has recognized a dichotomy of purpose in the Juvenile Justice Act. It incorporates principles of both rehabilitation and punishment. In resolving any issue which turns on the legislative purpose of the act, the court seeks to ensure that its decision effectuates both these purposes. See State v. Lawley, 91 Wash.2d 654, 591 P.2d 772 (1979).

Our Supreme Court recently reviewed the provisions of the Juvenile Justice Act which deal with the disposition of juvenile offenders. State v. Rice, 98 Wash.2d 384, 655 P.2d 1145 (1982). The court stated:

For the purposes of disposition, the court may consider a wide variety of matters including aggravating and mitigating factors. In most cases the court is required to order a disposition within the standard range for the offense. RCW 13.40.160. The disposition standards are established by the juvenile disposition standards committee pursuant to RCW 13.40.030. The standards establish ranges which may include either confinement or community supervision, or both, on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses. The statute provides both upper and lower limits on the standard range....

The court must in each case order a disposition within the limits established by the category of offender unless to do so would effectuate a "manifest injustice." RCW 13.40.160.

State v. Rice, 98 Wash.2d at 394-95, 655 P.2d 1145.

With the purposes of the disposition in mind, we review RCW 13.40.150(3). That statute states:

Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:

* * *

(g) Determine whether the respondent is a serious offender, a middle offender, or a minor or first offender;

* * *

(i) Consider whether or not any of the following aggravating factors exist:

* * *

(iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement;

* * *

(vi) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history.

The statute indicates the "criminal history" to be used in determining the standard range of disposition for a juvenile offense is strictly limited to the convictions which fall within the definition in JuCR 7.12(c) ³ as limited by RCW 13.40.020(6)(a). See In re Welfare of Luft, 21 Wash.App. 841, 589 P.2d 314 (1979). See also L. Foley, J. Kuntz & L. McKeeman, Juvenile Justice Manual §§ 13.40.020, at 5 & 13.40.150, at 4-5 (2d ed. 1981). This definition of criminal history applies to all sections of the Juvenile Justice Act.

Adcock next contends the judge erred in finding that the three offenses he committed on November 6, 1981 did not arise out of the same course of conduct.

Adcock supports his argument through analogy to the court's interpretation of the habitual offender statute. ⁴ The habitual offender statute is silent as to how convictions obtained on the same day are to be treated, but the Supreme Court has held that where a defendant has two convictions in the same day, this constitutes only one felony for the purposes of that statute. State v. Rinier, 93 Wash.2d 309, 314-15, 609 P.2d 1358 (1980). The courts have construed the statute as not applying to contemporaneous offenses and have held that additional punishment should not be imposed unless a defendant has had sufficient time between the previous convictions and the offense for which enhanced punishment is sought to permit an opportunity for reformation. See State v. Braithwaite, 92 Wash.2d 624, 600 P.2d 1260 (1979). See also State v. Jones, 138 Wash. 110, 244 P. 395 (1926); State v. Miller, 22 Wash.App. 960, 593 P.2d 177 (1979). Adcock contends this analysis also logically applies to RCW 13.40. We do not agree.

The statutes have different purposes and accomplish different results. RCW 9.92.090 authorizes the court to adjudicate an adult defendant's status as a habitual criminal for the purpose of overriding the statutory maximum prison term. The result of the adjudication is to authorize a defendant's incarceration for life for repeated offenses after opportunities to reform have not resulted in rehabilitation. The criminal history determination results in no such severe sanctions. Our Supreme Court has described the standard disposition ranges in the Juvenile Justice Act as similar to those established by the Board of Prison Terms and Paroles pursuant to RCW 9.95 for the purpose of setting minimum prison terms. State v. Rhodes, 92 Wash.2d 755, 758, 600 P.2d 1264 (1979). The court's determination of a juvenile offender's sentence is restricted and must be within a standard range absent a finding of manifest injustice. See RCW 13.40.160(1). RCW 13.40.020(6) recognizes that a juvenile might receive multiple convictions for his actions committed in the same course of conduct and that it would be unfair to find the juvenile had a long criminal history when the convictions arose from one criminal event.

Adcock, pointing out that the November 1981 charges were joined pursuant to CrR 4.3, ⁵ contends the joinder rule constitutes a more precise statement of what is meant by the term "course of conduct". We do not agree.

The permissive joinder rule of CrR 4.3(a) allows matters to be tried together even if not part of a single scheme or plan. CrR 4.3(a)(1). The State may elect, but is not required, to join charges " 'of the same or similar character' ", CrR 4.3(a)(1), and must join offenses only when based on the same conduct. CrR 4.3(c); State v. Mitchell, 30 Wash.App. 49, 55, 631 P.2d 1043 (1981).

No Washington...