Court Filings

The Court of Appeals affirmed the trial court’s sentencing of Zachary Boyce. The court held that the 2023 amendment to RCW 9.94A.525, which generally prevents counting most juvenile felony adjudications in an offender score, does not apply retroactively because the legislature did not clearly express that intent. Under Washington law and the savings clause (RCW 10.01.040) and RCW 9.94A.345, defendants must be sentenced according to the law in effect when the offense was committed unless the legislature expressly provides otherwise. Because no clear retroactivity language appeared in the amendment, Boyce’s juvenile adjudications were properly counted.

The Washington Supreme Court decided whether RCW 9.94A.640 permits a person who remains incarcerated on a separate conviction to seek vacation of earlier convictions and whether applicants must present evidence of rehabilitation. The court held that the statute’s time bars require release from complete confinement on all convictions before the statutory crime-free period runs, so a person never released into the community is ineligible. The court also held, following State v. Hawkins, that courts must consider evidence of rehabilitation and that applicants should present such evidence for a court to exercise its discretion. The case is remanded consistent with that ruling.

The Court of Appeals affirmed Samuel Leon Dugan’s convictions and life-without-parole sentence under Washington’s Persistent Offender Accountability Act (POAA). Dugan had been convicted after a bench trial of first-degree promoting prostitution (with domestic violence findings), unlawful possession of a firearm, third-degree assault, and harassment. The trial court found two prior qualifying convictions and imposed mandatory LWOP. The court rejected Dugan’s challenges that the POAA is cruel or discriminatorily applied, and rejected his Sixth Amendment claim that a jury should have decided the timing of prior convictions, relying on state precedent allowing judicial factfinding of prior convictions.

The Washington Court of Appeals reviewed Harlan Blackburn’s convictions for multiple counts of incest and child rape. The court held that police violated his state constitutional privacy rights by obtaining hotel and purchase data without a warrant, but that the admission of that evidence was harmless. It reversed one conviction (Count 8 for incest in the first degree) for insufficient evidence as to the specific dates charged, affirmed the other convictions, and remanded for resentencing on Counts 2, 3, 5, 6, and 7 because the combined confinement and community custody terms exceeded statutory maximums. The court explained which testimony supported each upheld conviction and the basis for the sentencing remand.

The Washington Supreme Court reversed the Court of Appeals and denied Akeel Bin-Bellah’s collateral attack on his guilty plea. Bin-Bellah had pleaded guilty, as part of a global plea bargain, to one count of second-degree assault and three counts of fourth-degree assault for the December 2017 beating of his mother, and expressly stipulated that the counts reflected separate and distinct acts. Division One vacated the three misdemeanors on double-jeopardy grounds, but the Supreme Court held that a knowing, voluntary plea that includes factual admissions to separate acts forecloses a later double-jeopardy challenge. The court reinstated the three fourth-degree convictions and dismissed the personal restraint petition.