State of Washington v. Demetrio Paz
34108-9
| Wash. Ct. App. | Jun 29, 2017Background
- On January 14, 2015, Demetrio Paz severely beat fellow inmate Tyson Heath at the Okanogan County Jail; Paz was charged with second-degree assault.
- A CrR 3.5 hearing was held the morning of trial to determine admissibility of Paz’s statements to Deputy Joshua Brown; Deputy Brown was the sole witness.
- The trial court made an oral ruling at the hearing finding the interrogation custodial, that Paz received Miranda warnings, knowingly and voluntarily waived rights, and that the statement was admissible; no written findings were entered until nearly two years later.
- A jury convicted Paz of second-degree assault; the trial court sentenced him to 70 months incarceration and 18 months community custody; Paz did not object at sentencing.
- Paz appealed, arguing (1) the trial court erred by failing to timely enter CrR 3.5 written findings, and (2) the community custody term (18 months) is erroneous because RCW 9.94A.701(2) and (3) conflict and the rule of lenity requires a 12-month term.
Issues
| Issue | Paz's Argument | State's Argument | Held |
|---|---|---|---|
| Whether trial court’s failure to enter written CrR 3.5 findings timely requires remand | Remand for written findings because late findings violate RAP 7.2(e) and CrR 3.5(c) mandatory duty | Oral findings at the hearing rendered any failure harmless; written findings were later entered | Denied remand; oral on-the-record findings were sufficient for review and harmless error |
| Whether community custody term is ambiguous under RCW 9.94A.701 | Statute conflicts (violent offense → 18 months; crime against a person → 12 months); apply rule of lenity to impose 12 months | Statute is a tiered scheme; overlapping categories permit imposition of the longer term | Denied lenity; 18-month term permissible under tiered sentencing scheme |
Key Cases Cited
- State v. Grogan, 147 Wn. App. 511 (2008) (trial court’s oral findings can make omission of written CrR 3.5 findings harmless)
- State v. Albright, 144 Wn. App. 566 (2008) (courts may only impose sentences authorized by statute)
- State v. Hood, 196 Wn. App. 127 (2016) (statutory tiers for community custody may overlap; defendant may receive the longer applicable term)