Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Thomas

February 18, 1997

STATE OF WASHINGTON, RESPONDENT,
v.
KENNETH A. THOMAS, APPELLANT.



Appeal from Superior Court of Whatcom County. Docket No: 94-1-01055-1. Date filed: 03/27/95. Judge signing: Hon. David S. Nichols.

PER CURIAM. Kenneth Thomas appealed from a judgment and sentence entered following his conviction of custodial assault. Thomas's court-appointed attorney filed a motion to withdraw on the ground there was no basis for a good faith argument on review. We denied the motion and ordered counsel to file a supplemental brief addressing whether the sentencing condition requiring Thomas to "conduct himself as a decent, upright and law - abiding citizen" is too vague to be enforced. Counsel filed a brief as ordered, and the state responded by conceding that the condition is erroneous. Finding the state's concession well-taken, we remand the sentence with an order to vacate the condition.

A community supervision condition ordering a repeat offender not to violate any criminal law may not be imposed because it is not a crime-related prohibition. State v. Barclay, 51 Wash. App. 404, 753 P.2d 1015, review denied, 111 Wash. 2d 1010 (1988). Likewise, the condition imposed on Thomas is improper. It does not relate to the circumstances of his custodial assault conviction. See RCW 9.94A.030(11). Because the condition is not statutorily authorized, the court exceeded its authority by ordering it. See also State v. Raines, 83 Wash. App. 312, 316, 922 P.2d 100 (1996)(condition of community placement that defendant "obey all laws" beyond court's statutory sentencing authority).

We reverse and remand for vacation of the improper condition of community supervision.

19970218 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.