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State v. Munds

September 17, 1996

STATE OF WASHINGTON, RESPONDENT,
v.
DANNY L. MUNDS, APPELLANT.



Appeal from Superior Court of Pend Oreille County. Docket No: 891000329. Date filed: 04/07/94. Judge signing: Hon. Fred L. Stewart.

Authored by John A. Schultheis. Concurring: Ray E. Munson, Philip J. Thompson

The opinion of the court was delivered by: Schultheis

SCHULTHEIS, A.C.J. Danny L. Munds, a convicted child molester,

petitioned the Pend Oreille County Superior Court to be relieved of the duty to register as a sex offender. The court denied his petition and he appeals. Mr. Munds contends he cannot lawfully be required to register because the registration requirement (1) was never a part of his original judgment and sentence, and had it been, he would not have pleaded guilty;

(2) applies only to offenders under some form of supervision, and when he was released, he was not under supervision; and (3) is unconstitutional.

We affirm.

On January 11, 1990, Mr. Munds pleaded guilty to one count of first degree child molestation, committed in August 1989.

On February 23, 1990, both bodies of the Washington Legislature passed Second Substitute Senate Bill 6259 requiring anyone convicted of a sex offense to register with the local county sheriff. On February 28 the

Governor signed the bill into law. Laws of 1990, ch. 3, sec. 402,

408, 1406. The registration requirement, codified at RCW 9A.44.130-.140,

took effect that same day. RCW 18.155.902(1). RCW 10.01.200, enacted in conjunction with the sex offender registration statute and taking effect at the same time, states:

The court shall provide written notification to any defendant charged with a sex offense of the registration requirements of RCW

9A.44.130. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant.

On April 12, 1990, judgment was entered on Mr. Munds's guilty plea and he was sentenced under the special sexual offender sentencing alternative, RCW 9.94A.120, to 27 months' confinement, with 21 months suspended and 6 months on work release status, and 24 months' community supervision upon release. He was also ordered to undergo and satisfactorily complete a sexual offender treatment program, as well as treatment for his alcoholism. The judgment and sentence did not contain notice of the sex offender registration requirement.

On July 9, 1990, the State filed a violation report alleging Mr.

Munds had not registered as a sex offender under the new ...


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