State of Washington v. Stephen R. Jackson, 34814-8

Stephen R. Jackson was arrested on multiple felonies, appeared unrepresented at a probable cause/bond hearing, waived counsel, was released on bond, and later had counsel appointed.
He missed a July 11, 2016 pretrial hearing; a warrant was issued and he was arrested three days later when he met with his probation officer.
The State charged Jackson with bail jumping (based on the missed hearing); other charges were later dismissed and he was tried by jury and convicted.
At sentencing the trial court announced an intent to impose an exceptional downward sentence, characterizing Jackson’s conduct as lackadaisical (not purposeful flight) and finding the standard range excessive.
The court’s oral pronouncement explained offense-specific mitigating facts, but the written findings and conclusions focused on SRA policy rather than identifying the specific atypical mitigating circumstances.
The State appealed the downward sentence; Jackson cross-appealed, arguing his waiver of counsel at the bond hearing was invalid and raising several additional trial errors in a SAG.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court identified a legal basis for an exceptional downward sentence	State: trial court failed to identify a proper legal basis in its written findings	Jackson: (implicit) sentence justified by court’s stated reasons	Court: Oral ruling identified valid offense-specific mitigating basis, but written findings were legally insufficient; remand for adequate findings or resentencing
Whether the written findings supporting the departure were sufficient	State: written findings do not identify the unique mitigating circumstance that removes case from heartland	Jackson: written findings enough when read with oral ruling	Court: Written findings must explicitly identify the atypical, offense-specific mitigating circumstances; remand required
Whether Jackson validly waived right to counsel at the probable cause/bond hearing	State: waiver was valid; trial court properly advised him	Jackson: waiver was invalid, so bond order (basis for conviction) was defective	Court: Issue not preserved as manifest constitutional error; record shows advisement and waiver, decline review
Whether other trial errors in SAG merit relief	Jackson: several instructional, evidentiary, and argument challenges	State: errors waived or meritless; some matters outside record	Court: No reversible error on record; claims dehors record should be raised via PRP, not direct appeal

State v. Akin, 77 Wn. App. 575 (1995) (voluntary actions like surrender can justify downward departure)
State v. Powers, 78 Wn. App. 264 (1995) (legislatively accounted factors under SRA are not atypical mitigating circumstances)
State v. Law, 154 Wn.2d 85 (2005) (standard of review for exceptional sentence rulings)
State v. Friedlund, 182 Wn.2d 388 (2015) (written findings must support exceptional sentence)
Iowa v. Tovar, 541 U.S. 77 (2004) (no rigid formula for waiver of counsel; look to case-specific factors)
State v. O’Hara, 167 Wn.2d 91 (2009) (standard for manifest constitutional error review)
State v. Carver, 122 Wn. App. 300 (2004) (relevance standard for exclusion of defense witnesses)
State v. Dhaliwal, 150 Wn.2d 559 (2003) (permissible scope of prosecutor’s circumstantial evidence argument)
State v. McFarland, 127 Wn.2d 322 (1995) (claims based on materials outside the record belong in a personal restraint petition)