State Of Washington v. Manuel R Ramirez
75149-2
| Wash. Ct. App. | Jul 31, 2017Background
- Manuel Ramirez was convicted by jury of felony domestic violence (violation of a court order) and sentenced; the trial court calculated his offender score as 7.
- On initial sentencing the State relied on an appendix that failed to support the offender score; this Court remanded for resentencing because the State had not proved prior convictions.
- At resentencing the State produced certified documents for five prior adult convictions and the court again found an offender score of 7 and resentenced Ramirez; the judgment appendix additionally listed a juvenile offense not supported by documentation.
- The contested score components: a 2007 felony violation (1 point), a 2012 felony violation alleged as domestic violence (claimed 2 points), unlawful possession of a firearm (1 point), and three misdemeanors alleged as domestic-violence-related (each claimed 1 point); plus a juvenile offense listed but not relied upon.
- Ramirez challenged that the findings did not support (1) counting the 2012 felony as a domestic-violence conviction for two points, (2) counting three misdemeanors without explicit findings they were pleaded and proven after Aug 1, 2011, and (3) inclusion of the juvenile offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether offender score is supported by findings | Ramirez: findings/appendix do not legally support offender score | State: resentencing exhibits prove prior convictions; Ramirez stipulated by signing findings (earlier claim) | Court: Offender score supported by certified exhibits; affirmed |
| Whether 2012 felony was properly counted as 2 points (domestic-violence felony) | Ramirez: Court failed to find that the 2012 offense involved domestic violence | State: Judgment shows jury conviction for domestic-violence felony violation of court order | Held: Judgment conclusively shows domestic-violence felony; counts as 2 points |
| Whether three misdemeanors were properly counted (pleaded/proven after Aug 1, 2011) | Ramirez: Appendix lacks sentencing dates and findings that they were pleaded/proven post-Aug 1, 2011 | State: Exhibits (dockets and judgments) show filings and pleas in Oct 2011–Mar 2012 and Aug 2013 | Held: Exhibits prove they involved domestic-violence allegations and were pleaded/proven after Aug 1, 2011; each counts as 1 point |
| Whether juvenile offense may be included in offender score | Ramirez: Appendix lists juvenile offense; challenges its inclusion | State: Concedes listing juvenile offense was error but says it was not counted | Held: Juvenile offense was erroneously listed but not counted; error harmless because adult convictions sum to 7 |
Key Cases Cited
- State v. Ford, 137 Wn.2d 472 (certified judgment is best evidence of prior conviction)
- State v. Moeurn, 170 Wn.2d 169 (offender score calculation standard and three-step process)
- State v. Ramirez, 190 Wn. App. 731 (prior remand for failure to prove criminal history)
- Bavand v. OneWest Bank, 196 Wn. App. 813 (appellate court may affirm on any basis supported by record)