Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Loading PDF...
Tags:
Felony Judgment and Sentence (FJS) (SSOSA) Page 1 of 14 (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 -- Special Sex Offender Sentencing Alternative (FJS) Clerk222s Action Required, para 2.1, 4.1, 4.3a, 4.3b, 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. 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. The defendant is a sex offender who is eligible for the special sex offender sentencing alternative and the court determines that the sentencing alternative is appropriate. RCW 9.94A.670. The Prosecuting Attorney did did not recommend a special sex offender sentencing alternative. American LegalNet, Inc. www.FormsWorkFlow.com Felony Judgment and Sentence (FJS) (SSOSA) Page 2 of 14 (RCW 9.94A.500, .505)(WPF CR 84.0400 (06/2018) The defendant is a sex offender subject to indeterminate sentencing under RCW 9.94A.507. 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, 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, 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.. 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. Count is a felony in the commission of which the defendant used a motor vehicle. RCW46.20.285. 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. 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. American LegalNet, Inc. www.FormsWorkFlow.com Felony Judgment and Sentence (FJS) (SSOSA) Page 3 of 14 (RCW 9.94A.500, .505)(WPF CR 84.0400 (06/2018) 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 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 number(s) , above, or in appendix 2.2, are one offense for purposes of determining the offender score (RCW 9.94A.525). 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, (SM) Sexual motivation, RCW 9.94A.533(8), (SCF) Sexual conduct with a child for a fee, RCW 9.94A.533(9), (ALF) assault law enforcement with firearm, RCW 9.94A.533(12). Additional current offense sentencing data is attached in Appendix 2.3. For violent offenses, most serious offenses, or armed offenders, recommended sentencing agreements or plea agreements are attached as follows: . 2.4 Reserved. 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: American LegalNet, Inc. www.FormsWorkFlow.com Felony Judgment and Sentence (FJS) (SSOSA) Page 4 of 14 (RCW 9.94A.500, .505)(WPF CR 84.0400 (06/2018) 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): 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 Counts in the charging document. IV. Sentence and Order It is ordered: 4.1 Special Sex Offender Sentencing Alternative. RCW 9.94A.670. The court imposes the following: Sentence. A term of total confinement in the custody of the Department of Corrections (DOC): Determinate Sentence: months/days on Count ; months/days on Count ; months/days on Count ; months/days on Count . Indeterminate Sentence 226 Qualifying Sex Offenses occuring on or after 9-1-2001. RCW 9.94A.507: Count : Minimum Term: month