Facts:  Petitioner Dan Stockwell was tried and convicted in Kitsap County Superior Court of first-degree child molestation and attempted child molestation of two of his wife’s granddaughters. Stockwell was previously convicted of first degree statutory rape in 1986, and given this prior rape conviction the State successfully sought a life sentence under the Persistent Offender Accountability Act (POAA), former Wash. Rev. Code § 9.94A.030(32)(b), recodified as Wash. Rev. Code §9.94A.030(33)(b); §9.94A.570. Stockwell appealed the sentence, arguing that his prior sentence is neither listed nor comparable to a strike offense under the POAA, and thus he was not eligible for life sentence. Washington Court of Appeals affirmed the trial court’s judgment, and the Supreme Court of Washington granted Stockwell’s petition for review.

Questions:  Is first-degree rape of a child and first degree statutory rape of a child legally comparable crimes pursuant to Wash. Rev. Code §9.94.030; §9.94A.570?

Conclusion:  Justice Tom Chambers’ opinion for the Court held that, given legislative intent in Wash. Rev. Code §9.94A.030(33)(b); §9.94A.570 that nonmarriage intercourse with a child 10 years old or less is an implied element of first-degree statutory rape, along with its later addition of the comparability clause , as a matter of law Stockwell’s prior conviction of first degree statutory rape is subject to comparablility analysis. Thus, his prior conviction does qualify as a “strike” under the two strikes provision of the POAA. Finding that the offenses are comparable, the Court affirmed Stockwell’s life sentence.

Docket No. 77693-8 (from Court of Appeals Division II Case No. 31920-9)

Petitioner: Dan Stockwell

(Counsel: Catherine A. Glinski)

Respondent: State of Washington

(Counsel: Russell D. Hauge and Randall A. Sutton)

Argument: Thursday, June 29, 2006 1:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, January 4th, 2007

Prevailing Party: State of Washington (Respondent)

Vote: 8-1

Opinion: 159 Wn.2d 394 (2007)

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson