SUPERIOR COURT OF WASHINGTON FOR GRAYS HARBOR STATE OF WASHINGTON ) NO. 97-1-449-0 Plaintiff, ) vs. ) SUPPLEMENTAL STATEMENT OF ) PROSECUTING ATTORNEY RICHARD W. BENNETT ) RE: OFFENDER SCORE Defendant ) COMES NOW H. Steward Menefee, Prosecuting Attorney for Grays Harbor County, Washington, by and through his deputy, JASON S. RICHARDS, and submits the following report for consideration at the sentencing of teh defendant in the above-entitled cause ARGUMENT AND AUTHORITIES The defendant has argued that he has zero points, that is, that his previous convictions have "washed out." As a basis for this assertion, the defendant submits tot he court and "Order Granting Petition for Habeas Corpus". The substance of this petition granted by the Federal Court was that the Petition for Habeas Corpus was granted to "the extent that petitioner should receive the five year prison term rather than ten." This in no way affects the defendant's offender score. The defendant was sentenced for Theft in the First Degree and two felony counts of Unlawful Issuance of Banks on November 20, 1981. On September 23, 1985 he committed the offense of the Unlawful Practice of Law. He ws sentenced for this on February 11, 1986. On August 6, 1988 the defendant committed the offense of Driving Under the Influence. He was convicted and sentenced for this crime in December of 1990. On August 11, 1994 the defendant was caught Driving While his License was Supended/Revoked in the Third degree. He was found guilty and sentenced for this offense on November 17, 1994. The State has attached to this Supplemental Statement of prosecuting Attorney certified copies of all the convictions mentioned herein. - The law in this area is clear. Under RCW 9.94A.360(2), Class C prior felony convictions other than sex offenses shall be included in the offender score if the defendant has not spent five consecutive years in the community without committing any crime that subsequently results in a conviction. In the case at hand, there is no period of time where the defendant has spent over five years in the community without committing a crime that resulted in a conviction. This is the case even if one does not take into consideration that the defendant spent time in prison. The time between when the defendant was sentenced for Theft in the First Degree and two felony counts of Unlawful Issuance of Bank Checks and the time when he committed the offense of Unlawful Practice of Law was less than five years. Even the time sepent from the sentencing of the Theft in the First Degree and two Unlawful Issuance of Bank Checks convictions to the sentencing for Unlawful Practice of Law was less than five years. The time between the sentencing date for Unlawful Practice of Law and the conviction and sentence for Driving Under the Influence was less than five years. The time between the conviction and sentencing for Driving While License Suspended/Revoked in the Third Degree was less than five years. Less than five years have elapsed from the period of his conviction for Driving While License Suspended in the Third Degree to the present date. Even though the defendant has three prior felonies, they only count as one point because they happened before 1986 and were served concurrently. However, it is absolutely undisputed that there has been no more than a five year period elapse between convictions and sentencings in this matter. Therefore, the defendant has an offender score of 1, and standard range is 2-6 months. Respectfully submitted, H. STEWARD MENEFEE Prosecuting Attorney for Grays Harbor County BY JASON S. RICHARDS Deputy rosecuting Attorney WSBA # 23644 .
Richard W Bennett Offender Score
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