State of Washington v. Roberto Reyes Arroyo
34593-9
| Wash. Ct. App. | Nov 2, 2017Background
- Arroyo pleaded guilty to second-degree murder and second-degree assault for shooting two men after following them from a tavern; one victim died. The State had alleged a gang-related motive tied to witness retaliation.
- At sentencing DOC submitted proposed community custody conditions (appendix F); the State submitted its own appendix (4.3). DOC’s appendix was withdrawn and the court adopted appendix 4.3.
- Arroyo challenged five community custody conditions (Nos. 2, 9, 10, 13, 14) as vague, overbroad, or unconstitutional under recent precedent.
- The Court of Appeals reviewed community custody conditions for abuse of discretion and applied vagueness and crime-related limits established by Washington law and the SRA.
- The court accepted the State’s concessions on some parts of Conditions 10 and 14, and remanded to modify Conditions 2, 9, 10, and 13 to add statutory limits or clarifying language; Condition 14 was stricken.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Arroyo) | Held |
|---|---|---|---|
| Condition 2: "comply with all directions of [CCO]" | Authorized delegation to DOC/CCO under SRA and statutes | Vague/unbounded delegation; allows arbitrary additional obligations | Remand to interlineate "authorized by RCW 9.94A.704" to limit DOC/CCO authority |
| Condition 9: approval of associates; no association with those met in institution; no association with Westside 18th Street gang | Condition is crime-related (gang restriction) and enforceable | Vague/unfettered CCO discretion; may sweep too broadly (covers non-inmates/staff) | Must be clarified on remand to define crime-related class of associates and limit CCO discretion |
| Condition 10: prohibition on weapons, knives, replicas, and remaining in vehicle where anyone possesses weapons | Crime-related safety condition; enforceable | Overbroad (e.g., butter/plastic knives, replicas); invites arbitrary enforcement; punishes being in vehicle without knowledge | Court accepted State concession: knives restriction must track statutory dangerous-weapon definitions; remand to add "if you know" and adjust wording about vehicles |
| Condition 13: ban on appearing at court proceedings unless party, defendant, or subpoenaed witness | Crime-related restriction to protect trial participants from retaliation | Violates public right to attend open court (art. I, §10) | Remand to interlineate limiting language: restrict only for proceedings "involving a street gang associate or member" to make it crime-related |
| Condition 14: prohibition on possessing graffiti | Condition furthers supervision goals | Vague/overbroad | State conceded and court accepted: strike condition entirely |
Key Cases Cited
- State v. Weatherwax, 193 Wn. App. 667 (Wash. Ct. App.) (association conditions must be defined to avoid vagueness)
- State v. Irwin, 191 Wn. App. 644 (Wash. Ct. App.) (community custody conditions reviewed for abuse of discretion)
- State v. McWilliams, 177 Wn. App. 139 (Wash. Ct. App.) (upheld condition requiring compliance with DOC/CCO conditions within statutory authority)
- State v. Sanchez-Valencia, 169 Wn.2d 782 (Wash. 2011) (vagueness principles apply to community custody conditions)
- State v. Riles, 135 Wn.2d 326 (Wash. 1998) (constitutional rights may be infringed by SRA conditions when justified)