State Of Washington, V Brian W. Buckman
195 Wash. App. 224
Wash. Ct. App. U2016Background
- In 2011 Buckman (17 y, 7 mo at time of offense) had sexual intercourse with K.B.S., who was 13; he was charged as an adult with second-degree child rape and pleaded guilty in 2012.
- At plea colloquy the court informed Buckman the crime’s maximum penalty is life and the standard range is 86–114 months; plea form noted RCW 9.94A.507 could apply if offender was at least 18 when the offense occurred.
- The court initially imposed a SSOSA; later revoked it and resentenced Buckman in August 2012 to an indeterminate term of 86–114 months minimum to life under RCW 9.94A.507.
- In 2014 Buckman moved to withdraw his guilty plea, arguing his plea was involuntary because RCW 9.94A.507(2) excludes offenders who were "seventeen years of age or younger" at the time of the offense from indeterminate sentencing.
- Trial court denied withdrawal and concluded Buckman was not within the statutory exemption; this appeal followed.
Issues
| Issue | Plaintiff's Argument (Buckman) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether Buckman may withdraw his guilty plea because he was misinformed about sentencing consequences | Plea was involuntary because RCW 9.94A.507(2) exempted him from indeterminate (life) exposure, so he was misinformed about maximum punishment | Court correctly informed him of statutory maximum (life) and standard range; plea was voluntary and properly advised | Denial of motion to withdraw plea affirmed — plea was validly and correctly advised |
| Whether RCW 9.94A.507(2)’s phrase "seventeen years of age or younger" excludes persons who are older than their 17th birthday but younger than 18 | Phrase includes persons up to but not past the 17th year birthday; Buckman (17 y, 7 mo) is exempt from indeterminate sentencing | Legislature intended exclusion only through the day of the 17th birthday; those >17 but <18 remain subject to indeterminate sentencing | Interpreting plain meaning and legislative intent, the statute exempts offenders under 18; Buckman is exempt — indeterminate sentence reversed and remanded for resentencing |
Key Cases Cited
- State v. Mendoza, 157 Wn.2d 582 (2006) (misinformation about sentence length can render a plea involuntary)
- State v. Ross, 129 Wn.2d 279 (1996) (State bears burden to prove validity of guilty plea and defendant's knowledge of direct consequences)
- State v. Kennar, 135 Wn. App. 68 (2006) (court must inform defendant of standard range and statutory maximum before accepting plea)
- State v. Jacobs, 154 Wn.2d 596 (2005) (statutory construction: give effect to plain meaning when statute is unambiguous)
- People v. Cornett, 53 Cal.4th 1261 (2012) (construing "X years of age or younger" to include the entire year until next birthday)