342 P.3d 820
Wash. Ct. App.2015Background
- Hernandez pled guilty to felony DUI and third-degree assault, challenging his offender score computation and two sentencing conditions.
- The trial court calculated an offender score of 9+ for the DUI and 8 for the assault, counting ten prior convictions.
- The court sentenced 60 months for felony DUI and 57 months for assault, running concurrently, with 12 months of community custody and a 10-year ignition interlock requirement.
- Hernandez argued former RCW 9.94A.525(2)(e) limits prior offenses for offender score to enumerated categories, and that the sentencing terms otherwise exceeded statutory maxima.
- The State conceded the confinement-plus-community custody for third-degree assault exceeded the statutory maximum, and the court imposed a 10-year ignition interlock as part of the sentence.
- The court remanded for resentencing consistent with these rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the offender score properly includes all prior convictions. | Hernandez argues only enumerated offenses under 9.94A.525(2)(e) may count. | State contends the subsection acts as a broader wash-out exception and does not limit to enumerated offenses. | Offender score properly includes all prior convictions. |
| Whether the sentence for third-degree assault exceeded the statutory maximum when combined with community custody. | Hernandez contends the confinement-plus-community custody surpasses the maximum for third-degree assault. | State concedes the error and seeks remand for proper resentencing. | Remand to resentence third-degree assault within statutory limits. |
| Whether the 10-year ignition interlock requirement exceeds the statutory maximum and authority. | Hernandez argues the 10-year interlock exceeds the court’s jurisdiction. | State asserts the department may require interlock for 10 years, but court cannot extend beyond its jurisdictional5-year limit. | 10-year interlock exceeds court’s authority; remand for resentencing within 5-year limit. |
Key Cases Cited
- State v. Martinez Morales, 168 Wn. App. 489 (2012) (offender-score calculation under former 9.94A.525(2)(e) depends on plain meaning and related provisions)
- State v. Moeurn, 170 Wn.2d 169 (2010) (three-step process to identify, wash out, and count prior convictions)
- State v. Wilson, 113 Wn. App. 122 (2002) (offender scores interpreted de novo)
- State v. Jacob, 176 Wn. App. 351 (2013) (only statutorily specified prior convictions count under 9.94A.525(2)(e)(i) for felony DUI)
- State v. Boyd, 174 Wn.2d 470 (2012) (limits on aggregate confinement-plus-community custody vs statutory maximum)