State Of Washington, V Derek James Kinney, 48999-6

On March 11, 2016, Officer Miskell stopped Derek Kinney and found methamphetamine and paraphernalia in his vehicle.
Kinney was charged with possession with intent to deliver methamphetamine and a sentencing enhancement for possession within 1,000 feet of a school bus route stop designated by the school district (RCW 69.50.435).
Transportation director Wyatt Kuiken testified a South Bend School District bus (a 30-passenger Type A bus that transports preschool students) stopped at a bus stop about 70 feet from where Kinney was observed.
The jury convicted Kinney of the drug offense and returned a special verdict finding the school-bus-route-stop enhancement.
At sentencing, the court imposed discretionary legal financial obligations (LFOs) of $1,350 after asking Kinney about his expected ability to pay; Kinney said he could pay about $35/month if employed and planned sanitation training while incarcerated.
Kinney appealed, arguing (1) insufficient evidence to support the school-bus-route-stop enhancement under statutory and WAC definitions, and (2) the court’s LFO inquiry was inadequate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for school bus route stop enhancement	State: evidence that the stop was designated by the school district satisfied RCW 69.50.435(6)(c)	Kinney: State must prove the stopping vehicle met the WAC definition of a "school bus" (WAC 392-143-010)	Affirmed: plain language of RCW 69.50.435(6)(c) requires only that the stop be designated by the school district; Kuiken’s testimony sufficed
Adequacy of court’s inquiry into ability to pay discretionary LFOs	State: court conducted individualized inquiry and relied on defendant’s own statements about employment prospects	Kinney: court failed to consider incarceration length, other debts, and likelihood of obtaining employment	Affirmed: the court made an individualized inquiry, explored Kinney’s work prospects and training, and did not abuse its discretion in imposing LFOs

State v. Salinas, 119 Wn.2d 192 (review of sufficiency of the evidence standard)
State v. Conover, 183 Wn.2d 706 (statutory interpretation reviewed de novo)
State v. Young, 125 Wn.2d 688 (legislative intent and statutory language analysis)
State v. Ague-Masters, 138 Wn. App. 86 (deference to trier of fact on credibility)
State v. Blazina, 182 Wn.2d 827 (requirement for individualized inquiry into ability to pay LFOs)
State ex rel. Carroll v. Junker, 79 Wn.2d 12 (abuse of discretion standard)