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State v. Fuller12/16/1997
Washington Court of Appeals
No. 16054-8-III
947 P.2d 1281, 89 Wash.App. 136, 1997.WA.42241
December 16, 1997
STATE OF WASHINGTON, RESPONDENT,
v.
CHARLES E. FULLER, APPELLANT.
Source of Appeal: Appeal from Superior Court of Douglas County Docket No: 96-1-00002-1 Judgment or order under review Date filed: 06/04/96 Judge signing: Hon. John E. Bridges
Counsel Of Record: Counsel for Appellant(s) Thomas E. Weaver Jr Barker & Howard 115 S Chelan Wenatchee, WA 98801 Counsel for Respondent(s) Eric C. Biggar Douglas County Prosecutor's Office PO Box M Waterville, WA 98858-0317
Judges: Authored by Kenneth H Kato Concurring: Dennis J. Sweeney Frank L. Kurtz
The opinion of the court was delivered by: Kato, J.
Panel Nine
PUBLISHED OPINION
FILED
After pleading guPilty to third degree assault with a deadly weapon, Charles E. Fuller received a seven month sentence, including a deadly weapon enhancement of six months. By an exceptional sentence, the court allowed home detention. The court later modified the judgment and sentence to eliminate home detention. He appeals; we affirm. Mr. Fuller's standard range sentence was one month for the third degree assault. With the six month deadly weapon enhancement, he received a seven month sentence. The court ordered an exceptional sentence allowing home detention because of Mr. Fuller's remorse, medical problems, and lack of a prior criminal history.
Two months later the court became concerned it had exceeded its authority and ordered a hearing. Mr. Fuller argued home detention was permissible and his impending back surgery would make total confinement extremely burdensome. Concluding RCW 9.94A.185 prohibited home detention for third degree assault, the court modified the judgment and sentence by eliminating home detention but authorizing work release.
RCW 9.94A.185, setting conditions for home detention, provides in part:
"Home detention may not be imposed for offenders convicted of . . . assault in the third degree as defined in RCW 9A.36.031 . . . ."
". . . ."
"(2) Participation in a home detention program shall be conditioned upon: (a) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (b) abiding by the rules of the home detention program, and (c) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program . . . . Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution."
The statute specifically states home detention may not be imposed for offenders convicted of third degree assault, the offense to which Mr. Fuller pleaded guilty. He thus may not so serve his sentence. But Mr. Fuller contends RCW 9.94A.185(2) allows home detention for him because he has a medical problem. He claims the statute is ambiguous and the Legislature i
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