Facts: Petitioner John Franklin was convicted of third degree assault and possession of cocaine with intent to deliver in the Superior Court for King County and sentenced to a term of imprisonment to be followed by a variable term of community custody. Given the variable length of the term of community custody, the trial court subsequently added a notation to Franklin’s sentence directing the Department of Corrections to ensure that the time Franklin spends imprisoned and in community custody does not exceed the statutory maximums for the offenses he was convicted of. Franklin appealed his sentence, asserting that it is an indeterminate sentence and therefore in violation of the Sentencing Reform Act (Washington Revised Code §9.94A). The Washington Court of Appeals affirmed Franklin’s sentence. Franklin moved for reconsideration in light of amendments to §9.94A that require sentencing courts to impose fixed terms of community custody. The Washington Court of Appeals denied Franklin’s motion. Franklin petitioned the Supreme Court of Washington for review.
Question(s): Do the amendments to §9.94A apply retroactively?
If so, is Franklin entitled to resentencing?
Conclusion: Chief Justice Madsen’s opinion for a unanimous Court affirmed the Washington Court of Appeals, concluding that although the legislature intended for the amendments to §9.94A to apply retroactively, Franklin is not entitled to resentencing. In particular, the Court held that it is the responsibility of the Department of Corrections to bring variable terms of community custody into compliance with the amendments to §9.94A by adjusting the end date of those terms.
Docket No. 84545-0 (from Court of Appeals Division I Case No. 61481-9)
Petitioner: John Franklin
(Counsel: Thomas Michael Kummerow)
Respondent: State of Washington
(Counsel: Dennis John McCurdy)
Briefs:
Argument: Tuesday, June 14, 2011 9:00am
[Source: TVW, http://tvw.org]
Audio: Court of Appeals Division I
Audio: Washington Supreme Court
Decided: Thursday, October 13th, 2011
Prevailing Party: State of Washington (Respondent)
Vote: 9-0
Citation: Pending
Court: Madsen2 Court (2011-)
Madsen
(Majority)
Johnson
Alexander
Chambers
Owens
Fairhurst
Johnson
Stephens
Wiggins
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.