Felony Judgment And Sentence Drug Offender Sentencing Alternative {CR 84.0400 DOSA}

Felony Judgment and Sentence (FJS) Page 1 of 10 (Drug Offender Sentencing Alternative) (RCW 9.94A.500, .505)(WPF CR 84.0400 (06/2018)) Superior Court of Washington County of State of Washington , Plaintiff, vs. , Defendant. DOB PCN: SID: No . Felony Judgment and Sentence Drug Offender Sentencing Alternative (FJS) Clerk222s Action Required, 2.1, 3.2, 4.1, 4.3, 4.7, 5.2, 5.3, 5.5, 5.7, and 5.8 Defendant Used Motor Vehicle Juvenile Decline Mandatory Discretionary I. Hearing 1.1 The court conducted a sentencing hearing this date; the defendant, the defendant's lawyer, and the (deputy) prosecuting attorney were present. II. Findings 2.1 Current Offenses: The defendant is guilty of the following offenses, based upon guilty plea (date) jury-verdict (date) bench trial (date) : Count Crime RCW Class Date of (w/subsection) Crime Class: FA (Felony-A), FB (Felony-B), FC (Felony-C) (If the crime is a drug offense, include the type of drug in the second column.) Additional current offenses are attached in Appendix 2.1a. The defendant is a drug offender who is eligible for the drug offender sentencing alternative and the court determines that the sentencing alternative is appropriate. RCW 9.94A.660. The jury returned a special verdict or the court made a special finding with regard to the following: GV For the crime(s) charged in Count , domestic violence 226 intimate partner as defined in RCW 9A.36.041(4) was pled and proved. GV For the crime(s) charged in Count , domestic violence (other) was pled and proved. RCW 10.99.020. American LegalNet, Inc. www.FormsWorkFlow.com Felony Judgment and Sentence (FJS) Page 2 of 10 (Drug Offender Sentencing Alternative) (RCW 9.94A.500, .505)(WPF CR 84.0400 (06/2018)) Count , Violation of the Uniform Controlled Substances Act (VUCSA), RCW 69.50.401 and RCW 69.50.435, took place in a school, school bus, within 1000 feet of the perimeter of a school grounds or within 1000 feet of a school bus route stop designated by the school district; or in a public park, public transit vehicle, or public transit stop shelter; or in, or within 1000 feet of the perimeter of a civic center designated as a drug-free zone by a local government authority, or in a public housing project designated by a local governing authority as a drug-free zone. In count the defendant committed a robbery of a pharmacy as defined in RCW 18.64.011(21), RCW 9.94A.. The defendant committed a crime involving the manufacture of methamphetamine, including its salts, isomers, and salts of isomers, when a juvenile was present in or upon the premises of manufacture in Count . RCW 9.94A.605, RCW 69.50.401, RCW 69.50.440. The defendant has a chemical dependency that has contributed to the offense(s). RCW 9.94A.607. Reasonable grounds exist to believe the defendant is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. RCW 9.94B.080 Count is a criminal street gang-related felony offense in which the defendant compensated, threatened, or solicited a minor in order to involve that minor in the commission of the offense. RCW 9.94A.833. Count is the crime of unlawful possession of a firearm and the defendant was a criminal street gang member or associate when the defendant committed the crime. RCW 9.94A.702, 9.94A.829. Count is a felony in the commission of which the defendant used a motor vehicle. RCW46.20.285. Count involves attempting to elude a police vehicle and during the commission of the crime the defendant endangered one or more persons other than the defendant or the pursuing law enforcement officer. RCW 9.94A.834. Counts encompass the same criminal conduct and count as one crime in determining the offender score (RCW 9.94A.589). Other current convictions listed under different cause numbers used in calculating the offender score are (list offense and cause number): Crime Cause Number Court (county & state) DV* Yes 1. 2. *DV: Domestic Violence was pled and proved. Additional current convictions listed under different cause numbers used in calculating the offender score are attached in Appendix 2.1b. 2.2 Criminal History (RCW 9.94A.525): Crime Date of Crime Date of Sentence Sentencing Court (County & State) A or J Adult, Juv. Type of Crime DV* Yes 1 2 3 4 American LegalNet, Inc. www.FormsWorkFlow.com Felony Judgment and Sentence (FJS) Page 3 of 10 (Drug Offender Sentencing Alternative) (RCW 9.94A.500, .505)(WPF CR 84.0400 (06/2018)) 5 *DV: Domestic Violence was pled and proved. Additional criminal history is attached in Appendix 2.2. The defendant committed a current offense while on community placement/community custody (adds one point to score). RCW 9.94A.525. The prior convictions listed as numbers(s) , above, or in appendix 2.2, are one offense for purposes of determining the offender score (RCW 9.94A.525) The prior convictions listed as numbers(s) , above, or in appendix 2.2, are not counted as points but as enhancements pursuant to RCW 46.61.520 2.3 Sentencing Data: Count No. Offender Score Serious - ness Level Standard Range (not including enhancements) Plus Enhancements* Total Standard Range (including enhancements) Maximum Term * (V) VUCSA in a protected zone, (RPh) Robbery of a pharmacy, (JP) Juvenile present, (CSG) criminal street gang involving minor, (AE) endangerment while attempting to elude. Additional current offense sentencing data is attached in Appendix 2.3. 2.4 Exceptional Sentence. The court finds substantial and compelling reasons that justify an exceptional sentence: below the standard range for Count(s) . above the standard range for Count(s) . The defendant and state stipulate that justice is best served by imposition of the exceptional sentence above the standard range and the court finds the exceptional sentence furthers and is consistent with the interests of justice and the purposes of the sentencing reform act. Aggravating factors were stipulated by the defendant, found by the court after the defendant waived jury trial, found by jury, by special interrogatory. within the standard range for Count(s) , but served consecutively to Count(s) . Findings of fact and conclusions of law are attached in Appendix 2.4. Jury222s special interrogatory is attached. The Prosecuting Attorney did did not recommend a similar sentence. 2.5 Legal Financial Obligations/Restitution. The court has considered the total amount owing, the defendant's financial resources and the nature of the burden that payment will impose. (RCW 10.01.160). The court makes the following specific findings: The defendant is indigent as defined in RCW 10.101.010(3)(a)-(c) because the defendant: receives public assistance is involuntarily committed to a public mental health facility receives an annual income, after taxes, of 125 percent or less of the current federal poverty level. The defendant is not indigent as definied in RCW 10.101.010(3)(a)-(c). The following extraordinary circumstances exist that make restitution inappropriate (RCW 9.94A.753): . American LegalNet, Inc. www.FormsWorkFlow.com Felony Judgment and Sentence (FJS) Page 4 of 10 (Drug Offender Sentencing Alternative) (RCW 9.94A.500, .505)(WPF CR 84.0400 (06/2018)) The defendant has the present means to pay costs of incarceration. RCW 9.94A.760. 2.6 Felony Firearm Offender Registration. The defendant committed a felony firearm offense as defined in RCW 9.41.010, and: The defendant should register as a felony firearm offender. The court considered the following factors in making this determination: the defendant222s criminal history. whether the defendant has previously been found not guilty by reason of insanity of any offense in this state or elsewhere. evidence of the defendant222s propensity for violence that would likely endanger persons. other:. The defendant must register as a felony firearm offender because the offense was committed in conjunction with an offense committed against a person under the age of 18, or a serious violent offense or offense involving sexual motivation as defined in RCW 9.94A.030. III. Judgment 3.1 The defendant is guilty of the Counts and Charges listed in Paragraph 2.1 and Appendix 2.1. 3.2 The court dismisses Co