State Of Washington, V Sopheap Chith
48913-9
| Wash. Ct. App. | Sep 26, 2017Background
- On Feb. 5, 2013, Sopheap Chith stole a vehicle, assaulted his girlfriend, fired a gun at passing vehicles, collided with a school bus, and drove recklessly; he was charged with 10 offenses.
- A jury convicted Chith on all counts; the trial court later dismissed the possession of a stolen vehicle conviction on double jeopardy grounds.
- On remand from a prior appeal, the trial court resentenced Chith, imposing confinement terms plus community custody and firearm enhancements on several counts.
- The trial court’s judgment specified community custody terms in text but did not check the community custody box; the court nonetheless imposed community custody as required by statute.
- The State conceded, and the court found, that the combined confinement, firearm enhancements, and community custody on four counts exceeded statutory maximums and that double jeopardy barred sentencing on both the taking and possession counts.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Chith) | Held |
|---|---|---|---|
| Whether combined confinement and community custody on counts I (2nd-degree assault) and II (drive-by shooting) exceeded statutory maximums | No error because court did not impose community custody on those counts | Trial court imposed community custody and total sentences exceed statutory maximums | Court held community custody was imposed and sentences on counts I and II exceed statutory maximums; remand for resentencing |
| Whether sentences on counts VIII (violation of a court order) and IX (1st-degree taking a motor vehicle) exceed statutory maximums | Conceded error as to counts VIII and IX | Challenged excess sentences | Court accepted State’s concession and held counts VIII and IX exceed statutory maximums; remand for resentencing |
| Proper remedy for double jeopardy between possession of a stolen vehicle and 1st-degree taking a motor vehicle | (State did not cross-appeal the double jeopardy finding) | Trial court dismissed possession count without prejudice; Chith argued dismissal should be with prejudice | Court held dismissal without prejudice was error; correct remedy is to vacate (strike) the lesser conviction (possession) rather than dismiss the charge |
| Whether scrivener’s errors in the amended judgment and sentence require correction | State did not contest and court deferred because remand required for resentencing | Chith raised various scrivener’s errors | Court did not address details; remanded to correct remaining scrivener’s errors after resentencing |
Key Cases Cited
- State v. Boyd, 174 Wn.2d 470 (statutory maximum prohibits combined confinement and community custody exceeding maximum)
- State v. Womac, 160 Wn.2d 643 (vacatur—not dismissal—is required to remedy double jeopardy when multiple convictions result in multiple punishments)
- State v. Melick, 131 Wn. App. 835 (same principle: vacate convictions to avoid double jeopardy)
- State v. Mann, 146 Wn. App. 349 (de novo review of sentencing authority)
- State v. Land, 172 Wn. App. 593 (trial court—not DOC—must ensure combined term does not exceed statutory maximum)