Personal Restraint Petition Of Thomas J D Channon
48868-0
| Wash. Ct. App. | Nov 22, 2016Background
- Thomas J.D. Channon was convicted in 1999 of three counts of first-degree assault and one count of first-degree unlawful possession of a firearm for offenses committed August 24, 1998.
- His judgment and sentence listed four prior juvenile adjudications that occurred before he was 15 (bomb threat 1982; two second-degree burglaries 1983; malicious mischief 1984).
- At sentencing the court included those juvenile adjudications in Channon’s offender score.
- Channon’s direct appeal was resolved and mandate issued October 9, 2001; he filed a personal restraint petition on April 25, 2016.
- Channon argued the offender score was miscalculated because, under the law in effect when he committed the offenses, juvenile adjudications committed before age 15 were ‘‘washed out’’ and should not have been counted.
- The Court of Appeals agreed the inclusion was error that rendered the judgment and sentence facially invalid and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentencing court properly included juvenile adjudications committed before age 15 in offender score | Channon: juvenile adjudications committed before age 15 were washed out under pre-1997 law and thus should not count | State: later 2002 legislative amendments effectively overrule Smith and allow inclusion | Court: Smith governs; pre-1997 washout rule applies; inclusion was error and rendered judgment facially invalid |
| Whether petition is time-barred under RCW 10.73.090 | Channon: judgment is facially invalid (miscalculated offender score) so time bar does not apply | State: petitioner’s claim is untimely; legislative changes undermine Smith | Court: facial invalidity exception applies; petition not time-barred |
| Whether legislative amendments in 2002 validate inclusion of washed-out juvenile adjudications | Channon: Smith still controls for offenses committed before amendment window; 2002 amendment not retroactive | State: 2002 amendments effectively overturned Smith | Court: LaChapelle and Smith control; 2002 amendment does not revive washed-out juvenile offenses |
| Whether other technical errors require relief | Channon: other non-sentence-affecting errors noted in judgment should be corrected | State: not addressed because remand for resentencing controls | Court: did not reach those claims; remand for resentencing moots need to address them now |
Key Cases Cited
- In re Pers. Restraint of Cook, 114 Wn.2d 802 (1990) (standard for relief via personal restraint petition)
- In re Pers. Restraint of Goodwin, 146 Wn.2d 861 (2002) (incorrect offender score is fundamental defect causing miscarriage of justice)
- State v. Smith, 144 Wn.2d 665 (2001) (1997 amendment to include juvenile adjudications not applied retroactively; juvenile felonies committed before age 15 wash out)
- In re Pers. Restraint of LaChapelle, 153 Wn.2d 1 (2004) (legislative amendment did not revive previously washed-out juvenile offenses; miscalculated offender score can render judgment facially invalid)
- In re Pers. Restraint of Jones, 121 Wn. App. 859 (2004) (summarizes retroactivity rules from Smith for offenses in the 1997–2002 window)