272 P.3d 209
Wash.2012Background
- Carrier challenged his mandatory life sentence under the POAA's two-strikes provision, arguing the 1981 indecent-liberties conviction was dismissed and cannot count as a strike.
- In 2004 Carrier pleaded guilty to counts IV and V, and pleaded guilty to count I after trial, with the State dismissing counts II and III; the court sentenced him to life for count I plus lesser concurrent terms.
- Carrier's 1981 conviction was dismissed in 1985 under former RCW 9.95.240; Carrier attached a 1985 dismissal order to his petition.
- The trial court counted the 1981 conviction as a second strike, making the life sentence potentially invalid if the conviction was not a valid strike.
- The superior court remanded for review on facial validity; the Washington Supreme Court held the dismissal order may be considered to assess facial validity and that the 1981 dismissal status affects the criminal history calculation, leading to reversal for resentencing excluding the dismissed conviction.
- The majority held the 2003 amendment to former RCW 9.95.240 applies retroactively and that a vacated conviction cannot be counted as criminal history for POAA purposes; the petition is granted for relief adjusting the sentence toward validity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the dismissal order be considered to assess facial validity of the judgment? | Carrier: yes, dismissal shows authority to impose sentence. | State: no, focus on face of judgment only. | Yes; dismissal order may be considered. |
| Does a dismissed pre-SRA conviction remain a conviction for SRA/POAA purposes? | Carrier: dismissed conviction remains a conviction but may be vacated. | State: dismissed conviction remains a conviction but may be vacated under statute. | Dismissed conviction remains a conviction; but vacatur status depends on amended statute. |
| Does the 2003 amendment to former RCW 9.95.240 apply retroactively to Carrier? | Carrier: amendment applies retroactively to preserve our vested rights. | State: amendable prospectively? | Yes, retroactive as to preamendment vacating rights. |
| Can the 'subsequent prosecution' exception permit using dismissed/vacated convictions as criminal history for POAA? | Carrier: exception does not permit use as criminal history. | State: exception allows use in later prosecutions. | No; cannot treat dismissed/vacated convictions as criminal history for POAA. |
| What is the net effect on Carrier's sentence? | Carrier: life sentence invalid as applied. | State: sentence remains valid following retroactive amendments. | Carrier's life sentence invalid; remand to exclude 1981 conviction from history. |
Key Cases Cited
- State v. Thorne, 129 Wash.2d 736 (1996) (POAA is a sentence enhancement statute based on criminal history)
- In re Pers. Restraint of Cruze, 169 Wash.2d 422 (2010) (validity of sentence; look to law at time of offense)
- In re Pers. Restraint of Goodwin, 146 Wash.2d 861 (2002) (face of judgment; collateral attack limitations)
- In re Personal Restraint of Coats, 173 Wash.2d 123 (2011) (face validity; consideration of external documents under RCW 10.73.090)
- State v. Breazeale, 144 Wash.2d 829 (2001) (dismissal vs. vacation; Breazeale analogized to vacating conviction under later statute)
- State v. Varga, 151 Wash.2d 179 (2004) (amendments to SRA; penalties for post-amendment offenses; retroactivity analysis)
- State v. Scheffel, 82 Wash.2d 872 (1973) (retroactivity analysis; effect of later amendments on pre-existing conduct)