State v. W.W.State v. W.W.
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W.W. was found guilty of child rape in the first degree and child molestation in the first degree. The trial court imposed a manifest injustice sentence of 52 weeks for each offense. W.W. appeals his conviction as well as the trial court’s denial of his motion for release pending appeal of his manifest injustice sentence. He contends that (1) the trial court erroneously applied JuCR 7.13 rather than the statutory provision for release to his case and (2) the categories created by JuCR 7.13 violate equal protection. We affirm the conviction, but hold that the trial court erred in denying W.W.’s motion for release pending appeal.
On August 26, 1993, W.W. filed a timely notice of appeal which indicated his intent to challenge both the conviction and the manifest injustice sentence. By early May 1994, W.W. had served the top of the standard range for his offenses. On May 4, 1994, he filed a motion in juvenile court requesting release pending appeal of the manifest injustice disposition under
On June 1, 1994, W.W. filed a motion for accelerated review of the disposition with this court. See RAP 18.13. On
Because W.W.’s manifest injustice sentence was vacated, the issue of whether he was improperly denied release pending appeal is moot. Nevertheless, this court has determined that the issue is a matter of continuing and substantial public interest, and therefore we will address the merits.2 In re Myers, 105 Wn.2d 257, 261, 714 P.2d 303 (1986).
In this appeal, we are asked to resolve the apparent conflict between JuCR 7.13 and
In contrast, under
Unfortunately, although harmonizing conflicting provisions is the preferred mode of interpretation, we find that to do so in this case would render meaningless JuCR 7.13 which reads:
If the only error asserted on appellate review is the appropriateness of the disposition, release ... is governed byRCW 13.40.230(5) . If additional or different errors are asserted, the juvenile court shall release the juvenile pending review . . . [if| detention is not necessary to prevent the juvenile from fleeing the jurisdiction or harming the juvenile or the person or property of others. . . .
(Italics ours.) W.W. contends that the second line of the rule should be interpreted to govern only appeals in which no challenge to the appropriateness of the disposition is made. To interpret the rule in this manner, we would have to ignore the words “only” and “additional”. The word “only” makes it clear that the Supreme Court meant to limit release under
Ordinary principles of construction require this court to give effect to the clear meaning of a court rule:
A court rule must be construed so that no word, clause or sentence is superfluous, void or insignificant. The language must be given its plain meaning according to English grammar usage. When the language of a rule is clear, a court cannot construe it contrary to its plain statement.
State v. Raper, 47 Wn. App. 530, 536, 736 P.2d 680, review
When a court rule and a statute conflict, the nature of the right at issue determines which one controls. State v. Smith, 84 Wn.2d 498, 501, 527 P.2d 674 (1974). If the right is substantive, then the statute prevails; if it is procedural, then the court rule prevails. Smith, at 501-02. This standard reflects the division of power between the two branches issuing the conflicting regulations. Smith, at 501; see also Emwright, at 543.
The right to release pending appeal is a procedural right to be regulated by the judicial branch of government. Smith, at 501. As a result, JuCR 7.13 takes precedence over the conflicting provisions of
However, we must still decide whether, as W.W. contends, the court rule itself violates equal protection. Juvenile Court Rule 7.13 creates two classes of juvenile appellants: (1) those who challenge only the appropriateness of the disposition and (2) those who assert additional or different grounds for an appeal. “Under the equal protection clause of the Washington State Constitution, article 1, section 12, and the fourteenth amendment to the United States Constitution, persons similarly situated with respect to the legitimate purpose of the law must receive like treatment.” State v. Coria, 120 Wn.2d 156, 169, 839 P.2d 890 (1992).
The statutory provision for release pending appeal seeks to preserve juveniles’ remedies should their appeal of the manifest injustice sentence be successful.
Applying “the rational basis test, a legislative classification will be upheld ‘unless it rests on grounds wholly irrelevant to the achievement of legitimate state objectives.’ ”3 Coria, at 171. The State contends that one reason for treating the two classes of juvenile appellants created by JuCR 7.13 differently is that combining an appeal of a disposition with an appeal from an adjudication lengthens the appeal time well beyond 60 days. Therefore, when a juvenile appeals the adjudication, it is reasonable for the court to evaluate the risk to the public before granting release since the juvenile’s standard range sentence or 60 days will often be complete before a decision on the appeal is issued.
It is important, however, to note that W.W. only contends that he should be released pending the decision from his appeal of his manifest injustice sentence, not that he should be released pending the decision from his appeal of the adjudication. Under RAP 18.13, juvenile appeals are bifurcated to allow for accelerated review of the manifest injustice sentence while maintaining a normal appellate time line for review of the adjudication. Because the appeal process is bifurcated, the fact that a juvenile appeals the adjudication has no effect on the accelerated review of the disposition. Thus, for purposes of the release rule of
The State also contends that the dual standard is legitimate because “[j]uveniles who appeal adjudications may be more dangerous.” The State supports this contention, arguing that by appealing the adjudication, juveniles are denying those actions for which they were found guilty. This lack of remorse supposedly makes them a higher risk of flight and potentially more dangerous. The flaw in this argument is that it erroneously equates the decision to appeal the adjudication with a refusal to accept guilt. A criminal defendant, adult or juvenile, has a right to appeal from alleged errors including the failure to suppress evidence or other errors which bear on the right to due process. It is ludicrous to suggest that by appealing such errors, we can draw a negative inference about the juvenile’s dangerousness, risk of flight or lack of remorse. We decline to so stigmatize those who choose to exercise their right to appeal.
The State has failed to provide any rational basis for the two categories of juvenile appellants created by JuCR 7.13. As a result, we find that the rule violates equal protection and cannot be constitutionally enforced. Therefore, the trial court erred by applying JuCR 7.13 and should have instead released W.W. pending appeal of his manifest injustice sentence.
The remainder of this opinion, wherein we address W.W.’s other assignment of error, has no precedential value. Therefore, it will be filed for public record in accordance with the rules governing unpublished opinions. See
Notes
W.W. has since been resentenced and has not appealed his new disposition.
For this reason, we also decline the State’s invitation to resolve the case under a waiver analysis since this would prevent us from reaching the merits. Although there is a good argument to be made that under
W.W. asks this court to apply the strict scrutiny test to determine whether the court rule is constitutional. While it implicates a juvenile’s right to physical liberty, JuCR 7.13 does not target a semisuspect class. Therefore, the rational basis test is the appropriate level of constitutional scrutiny. State v. Coria, 120 Wn.2d 156, 171, 839 P.2d 890 (1992).