State Of Washington v. Tina Neva Johnson
75402-5
Wash. Ct. App.Nov 13, 2017Background
- Tina Johnson was convicted at a bench trial of first degree arson (domestic violence) for setting her shared apartment on fire in March 2015.
- The trial court imposed a standard-range sentence of 21 months.
- At sentencing the court gave Johnson written notice that she was ineligible to possess firearms and that she "must immediately surrender any concealed pistol license." Johnson refused to sign the notice.
- The court orally told Johnson she could not possess a firearm and that possessing one would be a serious felony; the court did not orally state she must immediately surrender any concealed pistol license.
- The record contains no indication Johnson actually held a concealed pistol license.
- Johnson appealed, arguing the court’s failure to orally notify her to surrender a concealed pistol license violated RCW 9.41.047(1) and warranted resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failing to orally notify defendant to immediately surrender any concealed pistol license violates RCW 9.41.047(1) such that resentencing is required | Johnson: lack of oral notice requires resentencing | State: omission was technical/trivial; written notice given; no prejudice | Court: Technical omission was a trivial formality that did not affect the outcome; no resentencing required |
Key Cases Cited
- State v. Gonzales, 90 Wn. App. 852, 954 P.2d 360 (1998) (harmless/trivial sentencing errors need not lead to remand)
- State v. Minor, 162 Wn.2d 796, 174 P.3d 1162 (2008) (no statutory remedy specified for RCW 9.41.047(1) violations)
- State v. Breitung, 173 Wn.2d 393, 267 P.3d 1012 (2011) (lack of required notice under RCW 9.41.047(1) is an affirmative defense to later unlawful possession charges)