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Felony Judgment and Sentence (FJS) (Persistent Offender) Page 1 of 11 (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 -- Persistent Offender (FJS) Clerk222s Action Required, para 2.1, 4.1, 4.3, 4.7, 5.2 5.3, 5.5, 5.7, and 5.8 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. 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. Count is a most serious offense and the defendant has been convicted on at least two separate occasions of most serious offense felonies, at least one of which occurred before the commission of the other most serious offense for which the defendant was previously convicted. American LegalNet, Inc. www.FormsWorkFlow.com Felony Judgment and Sentence (FJS) (Persistent Offender) Page 2 of 11 (RCW 9.94A.500, .505)(WPF CR 84.0400 (06/2018)) Count is a crime listed in RCW 9.94A.030(37)(b)(i) e.g., rape in the first degree, rape of a child in the first degree (when the offender was 16 years of age or older when the offender committed the offense), child molestation in the first degree, rape in the second degree, rape of a child in the second degree (when the offender was 18 years of age or older when the offender committed the offense), or indecent liberties by forcible compulsion; or any of the following offenses with a finding of sexual motivation: murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, assault of a child in the second degree, or burglary in the first degree; or an attempt to commit any crime listed in RCW 9.94A.030(37)(b)(i)), and that the defendant has been convicted on at least one separate occasion, whether in this state or elsewhere, of a crime listed in RCW 9.94A.030(37)(b)(i) or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in RCW 9.94A.030(37)(b)(i). The jury returned a special verdict or the court made a special finding with regard to the following: The defendant used a firearm in the commission of the offense in Count . RCW 9.94A.825, 9.94A.533. The defendant used a deadly weapon other than a firearm in committing the offense in Count . RCW 9.94A.825 and RCW 9.94A.533. The defendant engaged, agreed, offered, attempted, solicited another, or conspired to engage a victim of child rape or child molestation in sexual conduct in return for a fee in the commission of the offense in Count . RCW 9.94A.839. In count an internet advertisement in which the victim of the crime was described or depicted was instrumental in facilitating the commission of the crime. RCW 9.68A.100, RCW 9.68A.101, or RCW 9.68A.102, Laws of 2013, ch. 9, 2471. The offense was predatory as to Count . RCW 9.94A.836. The victim was under 15 years of age at the time of the offense in Count RCW 9.94A.837. The victim was developmentally disabled, mentally disordered, or a frail elder or vulnerable adult at the time of the offense in Count . RCW 9.94A.838 and RCW 9A.44.010. The defendant acted with sexual motivation in committing the offense in Count. RCW 9.94A.835. This case involves kidnapping in the first degree, kidnapping in the second degree, or unlawful imprisonment as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor222s parent. RCW 9A.44.130. In count the defendant committed a robbery of a pharmacy as defined in RCW 18.64.011(21), RCW 9.94A.. 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. The defendant committed vehicular homicide vehicular assault proximately caused by driving a vehicle while under the influence of intoxicating liquor or drug or by operating a vehicle in a reckless manner. The offense is, therefore, deemed a violent offense. RCW 9.94A.030. GY In Count , the defendant had (number of) passenger(s) under the age of 16 in the vehicle. RCW 9.94A.533. 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. In Count the defendant has been convicted of assaulting a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault, as provided under RCW 9A.36.031, and the defendant intentionally committed the assault with what appeared to be a firearm. RCW 9.94A.831, 9.94A.533. Counts encompass the same criminal conduct and count as one crime in determining the offender score (RCW 9.94A.589). American LegalNet, Inc. www.FormsWorkFlow.com Felony Judgment and Sentence (FJS) (Persistent Offender) Page 3 of 11 (RCW 9.94A.500, .505)(WPF CR 84.0400 (06/2018)) 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 pleaded and proven. (If the crime is a drug offense, include the type of drug in the second column.) 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 o f Sentence Sentencing Court (County & State) A or J Adult, Juv. Type of Crime DV* Yes 1 2 3 4 5 * DV: Domestic Violence was pleaded and proven. 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 offenses listed as number(s) above, or in appendix 2.2, require that the defendant be sentenced as a Persistent Offender (RCW 9.94A.570). The prior convictions listed as number(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 number(s) above, or in appendix 2.2, are not counted as points but as enhancements pursuant to RCW 46.61.520. American LegalNet, Inc. www.FormsWorkFlow.com Felony Judgment and Sentence (FJS) (Persistent Offender) Page 4 of 11 (RCW 9.94A.500, .505)(WPF CR 84.0400 (06/2018)) 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 * (F) Firearm, (D) Other deadly weapons, (RPh) Robbery of a pharmacy, (VH) Veh. Hom, see RCW 9.94A.533(7), (SM) Sexual motivation, RCW 9.94A.533(8), (SCF) Sexual conduct with a child for a fee, RCW 9.94A.533(9), (CSG) Criminal street gang involving minor, (AE) Endangerment while attempting to elude. (ALF) Assault law enforcement with firearm, RCW 9.94A.533(12), (P16) Passenger(s) under age 16. Additional current offense sentencing data is attached in Appendix 2.3. For violent offenses, most serious offenses, or armed offenders, recommended sent