State of Washington v. Larry Lynn Winters, 37584-6

Larry Lynn Winters entered an Alford plea to first-degree assault after pointing a gun at his wife, shooting her thumb, and attempting to shoot her in the face; he had been heavily intoxicated and claimed limited memory.
Winters sought a downward exceptional sentence based on age (69), serious health problems (rectal cancer), lack of criminal history, mental health diagnoses, voluntary victim compensation, and alleged long‑term emotional abuse by his wife.
Psychologist recommended a therapeutic (non‑prison) disposition; trial court found the claimed emotional abuse was not sufficiently exceptional to justify a departure.
Winters’s standard range was 93–123 months with a 60‑month enhancement; the court imposed a low‑end term plus three years community custody and ordered mandatory LFOs: $500 crime victim penalty assessment and $100 DNA fee. A supervision fee was also listed in the judgment form.
Winters appealed, arguing the court legally erred by refusing to recognize discretion to impose a downward departure and challenging the imposition/collection of LFOs (including collection from Social Security).

Issue	Plaintiff's Argument (Winters)	Defendant's Argument (State)	Held
Whether the trial court legally erred by denying a downward exceptional sentence	Court wrongly treated age/health and emotional abuse as non‑bases for departure and refused to exercise discretion	Court properly exercised discretion; no exceptional circumstances shown and age did not affect the offense	No legal error; denial affirmed (age/health alone not a basis absent nexus to offense)
Whether LFOs/supervision fees and enforcement against Social Security were improper	Supervision fees were contrary to court's intent to waive discretionary LFOs for indigence; mandatory LFOs cannot be taken from Social Security	State concedes fees were inadvertent and Social Security cannot be attached; asks remand unnecessary	Remand to strike community supervision fees and to specify mandatory LFOs may not be enforced against Social Security benefits

State v. McFarland, 189 Wn.2d 47 (legal‑error review when defendant challenges denial of downward exceptional sentence)
State v. Grayson, 154 Wn.2d 333 (appellate review focuses on categorical refusal or mistake about discretion)
State v. Law, 154 Wn.2d 85 (mitigating factors must be sufficiently substantial and compelling to support departure; policy concerns not a substitute)
State v. O’Dell, 183 Wn.2d 680 (age can be mitigating when it bears on the offense)
State v. Spaulding, 15 Wn. App. 2d 526 (supervision fees are waivable discretionary fees and not automatically imposed against indigent defendants)
North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (recognition of plea where defendant maintains innocence while pleading guilty)