State v. Peterson, 52183-1-II
| Court | Court of Appeals of Washington |
| Citation | 457 P.3d 480,12 Wash.App.2d 195 |
| Docket Number | No. 52183-1-II,52183-1-II |
| Parties | STATE of Washington, Appellant, v. Jerry L. PETERSON, Respondent. |
| Decision Date | 05 February 2020 |
12 Wash.App.2d 195
457 P.3d 480
STATE of Washington, Appellant,
v.
Jerry L. PETERSON, Respondent.
No. 52183-1-II
Court of Appeals of Washington, Division 2.
Filed February 5, 2020
Sara I. Beigh, Lewis County Prosecutors Office, 345 W Main St. Fl. 2, Chehalis, WA, 98532-4802, for Appellant.
Thomas E. Weaver Jr., Attorney at Law, Po Box 1056, Bremerton, WA, 98337-0221, for Respondent.
PUBLISHED OPINION
Melnick, J.
¶1 Jerry Lynn Peterson pled guilty to selling heroin for profit.1 RCW 69.50.410(3)(a), part of the Uniform Controlled Substances Act (UCSA), states that people convicted of selling heroin for profit "shall receive a mandatory sentence of two years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for such violation." Accordingly, the trial court sentenced Peterson to 24 months under this statute and not pursuant to the standard range directed by the Sentencing Reform Act of 1981, chapter 9.94A RCW, (SRA). The State appeals, arguing that the court should have sentenced Peterson pursuant to the SRA. We affirm Peterson’s sentence.
FACTS
¶2 After law enforcement conducted several controlled buys from Peterson, she pled guilty to selling heroin for profit in violation of RCW 69.50.410(1).
¶3 Peterson stipulated to an offender score of four and a criminal history that included two prior possession of a controlled substance convictions. She agreed that her standard range sentence for the selling for profit
conviction would be argued at sentencing and that it was either "68+- to 100 months" or "2 years exactly." Clerk’s Papers (CP) at 14. She also agreed that the selling for profit conviction had a maximum sentence of "10 years/$20,000 (Doubled from Class C Felony)." CP at 14.
¶4 At sentencing, the State argued that the SRA controlled and Peterson had a standard sentencing range of
68+ to 100 months. The State recommended a 75-month term of confinement on the selling for profit conviction. Peterson argued that under RCW 69.50.401(3)(a), she had to be sentenced to two years.
¶5 The sentencing court agreed with Peterson and sentenced her to 24 months on the selling for profit conviction. The court stated, "I think the specific statute controls on this for selling of heroin, the specific charge here, that’s specifically listed in the statute under [RCW] 69.50.410(3)(a)." Report of Proceedings (June 13, 2018) at 15. The State appeals.
ANALYSIS
¶6 The State contends that the sentencing court erred in sentencing Peterson to only 24 months for the selling for profit conviction because Peterson’s standard range sentence under the SRA was 68+ to 100 months. We conclude that the court properly sentenced Peterson.
I. STANDARD OF REVIEW AND LEGAL PRINCIPLES
¶7 Deciding the application of the SRA and the UCSA on Peterson’s sentence is a matter of statutory interpretation, which we review de novo. State v. Evans , 177 Wash.2d 186, 191, 298 P.3d 724 (2013). When possible, we find the legislature’s intent "solely from the plain language" of the statute, "considering the text of the provision ..., the context of the statute in which the provision is found, related provisions, and the statutory scheme as a whole." Evans , 177 Wash.2d at 192, 298 P.3d 724.
¶8 In 1971, the legislature enacted the UCSA which made it a crime to manufacture, deliver, or possess controlled substances. State v. Christman , 160 Wash. App. 741, 750, 249 P.3d 680 (2011) ; RCW 69.50.401 -.412. In 1981, the legislature enacted the SRA, which "contains sentencing grids that calculate a sentence range for offenders according to their offender score and the ‘seriousness level’ of their
offense." State v. Cyr , 8 Wash....
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State v. Peterson, 98201-5
...trial court and the Court of Appeals agreed that the UCSA's two year sentence applied. VRP (June 13, 2018) at 15; State v. Peterson , 12 Wash. App. 2d 195, 199, 457 P.3d 480 (2020). The State petitioned for our review and argued that the SRA should provide the applicable sentence. Meanwhile......
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State v. Peterson, 98201-5
...Court of Appeals agreed that the UCSA's two year sentence applied. VRP (June 13, 2018) at 15; State v. Peterson, 12 Wn.App. 2d 195, 199, 457 P.3d 480 (2020). The State petitioned for our review and argued that the SRA should provide the applicable sentence. Meanwhile, we announced our decis......
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State v. Cyr, 97323-7
...to reach Peterson’s argument "that her maximum sentence did not double to ten years." State v. Peterson , ––– Wash. App. ––––, –––– n.4, 457 P.3d 480 (2020),...