Facts:  Petitioner Daniel Pannell was convicted of incest and child molestation in the Superior Court for Pierce County and sentenced to 116 months in prison.  However, the trial court suspended the sentence contingent upon Pannell’s successful participation in sexual deviancy treatment.  Three years later, after Pannell failed to show improvement, Pannell’s counselor terminated treatment and recommended that the suspension of Pannell’s sentence be revoked.  The trial court subsequently ordered Pannell to serve the full 116 month sentence.  Pannell moved to be resentenced, asserting that the three years he spent in treatment should have been credited as time served.  The trial court denied the motion.  Upon appeal, the Washington Court of Appeals affirmed.  Pannell appealed this decision to the Supreme Court of Washington.

Question(s):  Is Pannell entitled to credit for time served for the three years he spent in treatment?

Conclusion:  Justice Chambers’ opinion for a unanimous Court affirmed the Washington Court of Appeals, concluding that the authors of Washington Revised Code §9.94A.670, which creates the special sex offender sentence alternative pursuant to which Pannell’s sentence had been suspended, did not intend for the time offenders spend in treatment to reduce the time they spend in prison if the suspension of their sentence is subsequently revoked.

Docket No. 85437-8 (from Court of Appeals Division II Case No. 39895-8)

Petitioner: Daniel Pannell

(Counsel: Stephanie C. Cunningham)

Respondent: State of Washington

(Counsel: Thomas Charles Roberts)

Briefs:

Argument: Thursday, September 15th, 2011

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

Decided: Thursday, December 1st, 2011

Prevailing Party: State of Washington (Respondent)

Vote: 9-0

Citation: Pending

Court: Madsen2 Court (2011-)

Madsen

Johnson

Alexander

Chambers
(Majority)

Owens

Fairhurst

Johnson

Stephens

Wiggins

Opinion