Facts: Petitioner Cliff Jones was convicted of first degree child molestation in the Superior Court for Kitsap County and sentenced to 130 months imprisonment and 36 months of community custody.  Upon appeal, Jones’s sentence was reduced to 51 months imprisonment and 36 months of community custody after the state of Washington conceded that his offender score had been improperly calculated by the trial court.  As Jones had already been imprisoned for 81 months at this point, he was ordered released.  Jones subsequently filed a motion for relief from judgment, asserting that the 30 months in excess of his sentence that he had been imprisoned should be credited toward the 36 months of community custody to which he had also been sentenced. The trial court rejected Jones’s motion, ruling that under Washington Revised Code §9.94A.170(3) the term of community custody tolled while Jones was imprisoned.  The Washington Court of Appeals affirmed the trial court’s ruling.  Jones appealed this decision to the Supreme Court of Washington.

Question(s): Does the excess time Jones was imprisoned entitle him to credit reducing his term of community custody?

Conclusion: Justice Fairhurst’s opinion for the Court affirmed the Washington Court of Appeals, concluding that imprisonment, even if in excess of an offender’s sentence, cannot satisfy a sentence of community custody given that §9.94A.170(3) tolls sentences of community custody while offenders are confined for any reason and given that Washington Revised Code §9.94A.030(4) requires that community custody be served in the community.

Docket No. 83451-2 (from Court of Appeals Division II Case No. 37002-6)

Petitioner: Cliff Jones

(Counsel: Roger A. Hunko and Dana M. Lind)

Respondent: State of Washington

(Counsel: Carol L. LaVerne, Jeremy Aaron Morris, and Kevin Dwayne Hull)

Briefs:

Argument: Tuesday, October 19, 2010 9:00am

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

Decided: Thursday, June 30th, 2011

Prevailing Party: State of Washington (Respondent)

Vote: 6-3

Citation: Pending

Court: Madsen1 Court (2010-2011)

Madsen

Johnson

Alexander

Sanders

Chambers

Owens

Fairhurst
(Majority)

Johnson

Stephens
(Dissent)