State v. Gonzalez

• Decision Date: 18 February 2010
• Docket Number: No. 81525-9.,81525-9.
• Citation: 226 P.3d 131,168 Wn.2d 256
• Parties: STATE of Washington, Respondent, v. Robert Bustmante GONZALEZ, Appellant.
• Court: Washington Supreme Court

226 P.3d 131

168 Wn.2d 256

STATE of Washington, Respondent, v. Robert Bustmante GONZALEZ, Appellant.

No. 81525-9.

Supreme Court of Washington, En Banc.

Argued March 24, 2009.

Decided February 18, 2010.

Jeffrey Goldstein, Law Office of Jeff Goldstein, Seattle, WA, for Appellant.

D. Angus Lee, Grant County Prosecutor's Office, Ephrata, WA, Teresa Jeanne Chen, Attorney at Law, Soap Lake, WA, for Respondent.

FAIRHURST, J.

¶ 1 Robert Bustmante Gonzalez seeks to reverse an order modifying the total amount of his restitution. He argues that the State violated RCW 9.94A.753, the restitution statute, when it sought to modify his restitution order more than two years after the order was originally entered. He also argues that imposing additional restitution constituted a second punishment in violation of double jeopardy. We reject both of Gonzalez's arguments and affirm the order of the trial court.

I. FACTUAL AND PROCEDURAL HISTORY

¶ 2 On March 23, 2003, Gonzalez struck Denny Thoren in the face and robbed him of his truck. The blow crushed the right side of Thoren's face. Thoren was airlifted to Harborview Medical Center and underwent extensive reconstructive surgery. Even after surgery, Thoren lost most of the vision in his right eye.

¶ 3 A court found Gonzalez guilty of first degree assault and first degree robbery. On January 5, 2004, Gonzalez was sentenced to 288 months in prison and was ordered to pay $21,306.45 in restitution to the crime victims' compensation program (CVCP). On June 28, 2004, the restitution order was amended to correct a clerical error, and the amount was reduced to $20,886.60. Gonzalez appealed his conviction, and the Court of Appeals affirmed.

¶ 4 After restitution was ordered, Thoren continued to accrue medical bills which CVCP continued to pay. When Thoren's medical treatment was complete, CVCP paid Thoren $22,624.99 for permanent partial disability due to his injuries. In addition to the payment for permanent partial disability, CVCP paid Thoren $7,594.91 for time loss and $16,228.00 for medical expenses. In total, CVCP paid Thoren $46,447.90 for the injuries sustained on March 23, 2003.

¶ 5 On June 30, 2006, 907 days after sentencing, the State moved for an amended order of restitution to add $25,561.30 to the order of restitution. The total would then match the $46,447.90 that CVCP had paid because of Thoren's injuries. Gonzalez challenged the motion, arguing that it could not be brought more than 180 days after sentencing and that it violated double jeopardy. The trial court granted the motion and amended the restitution order. Gonzalez appealed to the Court of Appeals, Division Three, and then moved to transfer his appeal to this court. We granted Gonzalez's motion to transfer.

II. ISSUES

A. Did the amended restitution order violate RCW 9.94A.753 when it was entered more than 180 days after Gonzalez was sentenced?

B. Did the amended restitution order violate double jeopardy?

III. ANALYSIS

A. The amended restitution order did not violate RCW 9.94A.753 when it was entered more than 180 days after Gonzalez was sentenced

¶ 6 A court's authority to order restitution is derived solely from statute. State v. Smith, 119 Wash.2d 385, 389, 831 P.2d 1082 (1992). The amended restitution order in this case is governed by RCW 9.94A.753.¹

¶ 7 Gonzalez argues that the amended restitution order was untimely because it was entered more than 180 days after entry of the judgment and sentence. RCW 9.94A.753(1) provides that the amount of restitution shall be set at the sentencing hearing or within 180 days unless the court continues the restitution hearing beyond the 180 days for good cause. RCW 9.94A.753(1) provides for an exception to this requirement that is found in RCW 9.94A.753(7). Under RCW 9.94A.753(7), if no restitution order has been entered and the victim is entitled to benefits through the CVCP, the Department of Labor and Industries has one year from sentencing to petition for entry of a restitution order. Gonzalez argues that the order amending the restitution amount on June 30, 2006, was untimely because it was entered beyond the 180 day period, the State did not seek a continuance for good cause, and the requirements of RCW 9.94A.753(7) were not met.

¶ 8 The State asserts that the amendment was proper under RCW 9.94A.753(4). RCW 9.94A.753(4) provides that "restitution may be modified as to amount, terms, and conditions." Whether the amended order was appropriate in this case turns on the meaning of the word "amount." Gonzalez argues that the term "amount" is ambiguous because it may mean either the total amount of restitution or the amount of the monthly payment. He argues that we should construe "amount" to mean the monthly payment amount. The State argues that "amount" means the total amount of restitution.

¶ 9 We review questions of statutory interpretation de novo. State v. J.P., 149 Wash.2d 444, 449, 69 P.3d 318 (2003). When we interpret a statute, our goal is to carry out the legislature's intent. Burns v. City of Seattle, 161 Wash.2d 129, 140, 164 P.3d 475 (2007). The first step in interpreting a statute is to examine its plain language. State v. Armendariz, 160 Wash.2d 106, 110, 156 P.3d 201 (2007). Plain meaning "is to be discerned from the ordinary meaning of the language at issue, the context of the statute in which that provision is found, related provisions, and the statutory scheme as a whole." State v. Engel, 166 Wash.2d 572, 578, 210 P.3d 1007 (2009). If the statute is unambiguous after a review of the plain meaning, the court's inquiry is at an end. Armendariz, 160 Wash.2d at 110, 156 P.3d 201. A statute is ambiguous when it is "`susceptible to two or more reasonable interpretations,' but `a statute is not ambiguous merely because different interpretations are conceivable.'" Estate of Haselwood v. Bremerton Ice Arena, Inc., 166 Wash.2d 489, 498, 210 P.3d 308 (2009) (quoting State v. Hahn, 83 Wash.App. 825, 831, 924 P.2d 392 (1996)).

¶ 10 When a statutory term is undefined, the words of a statute are given their ordinary meaning, and the court may look to a dictionary for such meaning. Id. The noun "amount" means "the total number or quantity: aggregate," "the sum of individuals," and "a principal sum and the interest on it." WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 72 (2002). These definitions indicate that "amount" generally signifies a total or aggregate quantity. This court's prior use of the word "amount" within the meaning of the restitution statute supports its use as a synonym for total restitution owed. See, e.g., State v. Hunsicker, 129 Wash.2d 554, 919 P.2d 79 (1996) (employing the word "amount" in former RCW 9.94A.142, recodified as RCW 9.94A.753 (2001), to describe the principal amount of a restitution order).

¶ 11 In contrast, the word "terms" is defined as "propositions, limitations, or provisions stated or offered for the acceptance of another and determining ... the nature and scope of the agreement." WEBSTER'S, supra, at 2358. The monthly payment schedule is better described as a proposition, limitation, or provision that affects the nature and scope of the agreement than as a total quantity. The dictionary definitions and prior usage in case law of the words "amount" and "terms" demonstrate that "amount" signifies total restitution.

¶ 12 When we look to the other provisions, it becomes even more clear that "amount" cannot mean "monthly payment." "[W]hen similar words are used in different parts of a statute, `the meaning is presumed to be the same throughout.'" Welch v. Southland Corp., 134 Wash.2d 629, 636, 952 P.2d 162 (1998) (internal quotation marks omitted) (quoting Cowles Publ'g Co. v. State Patrol, 109 Wash.2d 712, 722, 748 P.2d 597 (1988)). RCW 9.94A.753(1) instructs the court to "determine the amount of restitution due." (Emphasis added.) Later in the same section, the court is instructed to "set a minimum monthly payment that the offender is required to make towards the restitution that is ordered." Id. (emphasis added). Here, the legislature clearly did not contemplate "amount" to mean the amount of the "monthly payment" because it separately orders the trial court to determine both.

¶ 13 In addition, RCW 9.94A.753(2) provides a specific mechanism for adjusting the monthly payment schedule. Under that provision, a community corrections officer may determine whether there has been a change in circumstance that merits an amendment of the monthly payment schedule. Id. If the officer recommends a change, the court may reset the monthly minimum payment schedule. Id. When read in combination with RCW 9.94A.753(2), the word "amount" in RCW 9.94A.753(4) cannot reasonably be interpreted as encompassing a monthly payment schedule.

¶ 14 Even if we were to find that the word "amount" is ambiguous, legislative intent is best effectuated by interpreting "amount" to mean total quantity. When the legislature enacted the restitution statute, it clearly stated its intent that victims be afforded legal protections at least as strong as those given criminal defendants. That is, victims of crime were to be "honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants." LAWS OF 1981, ch. 145, § 1.

¶ 15 Legislative changes can also be considered when determining legislative intent. State v. Mendoza, 165 Wash.2d 913, 921, 205 P.3d 113 (2009). The legislature's amendments to the restitution statute demonstrate that the legislature has consistently sought to ensure that victims of crimes are made whole after suffering losses caused by offenders and to increase offender accountability. It established the monthly minimum payment system, for example, as part of its effort to "hold[] offenders accountable to victims ... for the assessed costs associated with their crimes" and provide "remedies for an individual or other entities to recoup or at least...