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State Of Washington v. Clifton Turner
73904-2
| Wash. Ct. App. | Feb 27, 2017
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Background

  • Clifton Eugene Turner was convicted of two counts of second-degree child molestation and one count of fourth-degree assault; he appealed his judgment and sentence.
  • The complainant (M.) lived in the household of Turner’s partner and testified about post-offense changes in her behavior (self-harm, substance use, emotional trauma).
  • At trial the court allowed M. to give lay testimony about her emotional/behavioral changes but excluded medical/conclusive expert questions tying those changes to PTSD.
  • The trial court imposed community custody conditions including substance abuse treatment, urinalysis, polygraph, and Breathalyzer testing.
  • Sentencing used an offender score of five; the record showed two prior controlled-substance felony convictions were counted, but the written judgment did not list both priors.
  • Turner was found indigent at sentencing; the State sought appellate costs, which the Court of Appeals declined to award.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Admissibility of victim's trauma testimony State: Lay testimony about victim's behavior is admissible without expert linkage to PTSD Turner: Admission required expert testimony linking behavior to PTSD; otherwise prejudicial Court: Admitting lay testimony about victim's behavior was not an abuse of discretion; expert proof of PTSD not required (per State v. Black)
Authority to impose substance-abuse treatment condition State: Court may order rehabilitative programs under RCW 9.94A.703(3)(d) Turner: Condition exceeds statutory authority absent evidence substance use contributed to offense Court: Vacated substance-abuse counseling condition; such treatment must be crime-related under RCW 9.94A.703(c)
Breathalyzer and other monitoring tests State: Monitoring tests permissible to ensure compliance Turner: Breathalyzer improper because no alcohol-related crime link Court: Polygraph and urinalysis permissible; Breathalyzer not authorized here because no crime-related alcohol nexus
Offender score & judgment entry Turner: Judgment misstates criminal history used to compute score State: Offender score computation correct Court: Offender score of five was correctly computed; remanded to correct written judgment to list the two prior convictions used in calculation

Key Cases Cited

  • State v. Black, 109 Wn.2d 336 (Wash. 1987) (lay testimony about a victim’s emotional response is admissible; expert "rape trauma" profiling is unreliable and prejudicial)
  • State v. Riles, 135 Wn.2d 326 (Wash. 1998) (polygraph testing recognized for monitoring compliance with conditions)
  • State v. Jones, 118 Wn. App. 199 (Wash. Ct. App. 2003) (statutory interpretation requiring treatment conditions be crime-related to avoid rendering other provisions superfluous)
  • State v. Gresham, 173 Wn.2d 405 (Wash. 2012) (standard of review for admission of evidence)
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Case Details

Case Name: State Of Washington v. Clifton Turner
Court Name: Court of Appeals of Washington
Date Published: Feb 27, 2017
Docket Number: 73904-2
Court Abbreviation: Wash. Ct. App.