State Of Washington v. Terry Allen Durnil Ii
75501-3
| Wash. Ct. App. | Nov 6, 2017Background
- Terry Durnil pleaded guilty to 14 counts of second-degree identity theft with an offender score of 17.
- Trial court found standard-range sentencing would be too lenient and imposed an exceptional sentence: 60 months confinement on all counts to run concurrently.
- The court orally imposed community custody tied to earned early release; the written judgment ordered 12 months of community custody per RCW 9.94A.411.
- The written judgment included a standard preprinted notation stating the mandatory community custody term is reduced so total confinement plus community custody does not exceed the statutory maximum.
- Durnil appealed, arguing the notation did not satisfy RCW 9.94A.701(9) and thus could allow a combined sentence exceeding the statutory maximum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judgment’s standard notation adequately prevents a combined confinement + community custody term exceeding the statutory maximum | Durnil: the preprinted notation does not comply with RCW 9.94A.701(9) and fails to delineate how to avoid exceeding the statutory maximum | State: the sentence is exceptional, RCW 9.94A.701(9) does not apply, and the explicit notation on the judgment suffices | Court held the sentence was exceptional, RCW 9.94A.701(9) does not apply, and the notation on the judgment was adequate; affirmed |
| Who must reduce community custody when combined time exceeds the statutory maximum for standard-range sentences | Durnil: trial court failed to properly allocate/reduce terms | State: for exceptional sentences the judgment notation guides DOC reduction; for standard-range sentences trial court must reduce | Court reiterated that for standard-range sentences the trial court must reduce community custody, but RCW 9.94A.701(9) does not govern exceptional sentences |
Key Cases Cited
- State v. Boyd, 174 Wn.2d 470 (2012) (for standard-range sentences, trial court must reduce community custody when combined term would exceed statutory maximum)
- State v. Bruch, 182 Wn.2d 854 (2015) (reaffirms trial court’s duty to adjust community custody for standard-range sentences)
- In re Pers. Restraint of McWilliams, 182 Wn.2d 213 (2014) (RCW 9.94A.701(9) does not apply to exceptional sentences; judgment must explicitly state combined term will not exceed the statutory maximum)