Appeal from Superior Court of Grays Harbor County. Docket No: 881000355. Date filed: 05/23/94. Judge signing: Hon. F. M. McCauley.
Authored by John E. Turner. Concurring: J. Dean Morgan, Elaine M. Houghton.
The opinion of the court was delivered by: Turner
TURNER, J. -- Ricky W. Campbell was convicted and ordered to pay court costs, restitution and a victim assessment as a condition of his sentence. After he failed to make timely payments on his financial obligations, a show cause hearing was held to determine why Campbell should not be held in contempt and imprisoned. Campbell challenges the finding that he violated the conditions of his sentence and the denial of his motion to reduce the amounts owed. Campbell also claims that the system for assessing costs on a criminal defendant violates due process, equal protection, and the Washington constitutional prohibition against imprisonment for debt. We affirm.
Campbell was sentenced for one crime in 1988 and another in 1991. The judgment and sentence in each case imposed conditions requiring Campbell to pay court costs, a crime victim assessment, and restitution.
In 1993, the Department of Corrections issued a notice of violation, documenting Campbell's continued failure to make payments on the court-ordered financial obligations. And the State filed a motion to show cause why Campbell should not be held in contempt and imprisoned for violating the conditions of his sentence.
At the hearing held on May 23, 1994, a court liaison officer for the Department of Corrections testified to the following. Campbell was on monetary supervision after being released from confinement in connection with the two cases from 1988 and 1991. The monetary obligations consisted of court costs, crime victim assessment, restitution and attorney fees. Campbell had agreed to pay not less than $35 per month on the 1988 case and not less than $10 on the 1991 case. Campbell was notified of his failure to abide by this agreement and responded that he had just obtained a new logging job and would begin making payments of $100 a month on June 25, 1993. But by the time of the hearing, Campbell had made only one payment on the 1988 case, for which he still owed $2,145. And he had made no payments on the 1991 case, for which he still owed $688.
Campbell testified at the hearing that he took home approximately $700 a month and was responsible for the care of one child. His monthly expenses were approximately $200 for rent, $200 for food and $100 for utilities. He did not explain any other expenses.
The court found that Campbell violated the conditions of his judgment and sentence and entered an order imposing sanctions. The order required that Campbell serve 60 days for each violation but suspended the jail time on condition that he make payments of $25 per month.
On June 6, 1994, the court heard and denied Campbell's motion for a reduction in the amount of court costs, rejecting Campbell's arguments that he was unable to make the payments. Campbell now appeals the order imposing sanctions and the denial of his motion for reduction in costs.
1. Sufficiency Of The Evidence.
The court's order modifying the conditions of Campbell's sentence was made under authority of RCW 9.94A.200, which reads in pertinent part:
(1) If an offender violates any condition or requirement of any sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.
(2)(c) The state has the burden of showing noncompliance by a preponderance of the evidence. If the court finds that the violation has occurred, it may order the defendant to be confined for a period not to exceed sixty days for each violation . . . .
(Emphasis added.) Campbell argues that there was insufficient evidence to support the trial court's finding that he violated the conditions of his judgment and sentence. But testimony at the hearing showed by a preponderance of the evidence that Campbell violated the terms of his judgment and sentence by failing to make payments on his financial obligations. Campbell does not present any argument or facts explaining why this evidence would be ...