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State v. Johnigan

April 14, 1997

STATE OF WASHINGTON, RESPONDENT,
v.
JOHNNY MACK JOHNIGAN, APPELLANT.



Appeal from Superior Court of King County. Docket No: 92-1-00271-6. Date filed: 12/02/92. Judge signing: Hon. Patricia H. Aitken.

PER CURIAM. In this consolidated appeal, Johnny Johnigan argues that the trial court's restitution order entered in King County cause number 92-1-00271-6 *fn1 is void because it was entered more than 60 days after his sentencing hearing, and that the late filing of the court's findings of fact and Conclusions of law in King County cause number 91-1-06767-4 *fn2 requires dismissal of his conviction.

The State concedes and we agree that the restitution order is void under former RCW 9.94 A.142 and State v. Krall, 125 Wash. 2d 146, 881 P.2d 1040 (1994). *fn3 We therefore reverse the restitution order. We, however, reject Johnigan's claim that the late filing of the court's findings requires reversal and affirm.

DECISION

Johnigan was convicted of two counts of residential burglary (cause number 91-1-06767-4). Because the case was tried to the bench, the trial Judge was required to enter written findings of fact and Conclusions of law. CrR 6.1(d). It is undisputed that the written findings were signed at Johnigan's sentencing hearing on December 2, 1992. Defense counsel voiced no objection to the findings. The signed findings however were not filed until October 14, 1996, more than a year after Johnigan filed his notice of appeal.

Johnigan argues that the tardy filing merits reversal. Relief will not be granted to an individual absent a showing of prejudice. State v. Portomene, 79 Wash. App. 863, 864, 905 P.2d 1234 (1995), review denied, 129 Wash. 2d 1016, 917 P.2d 576 (1996). Prejudice is not alleged or shown here. Because the findings were presented and signed by the trial court at the sentencing hearing, there is no possibility of tailoring. With regard to whether the delayed filing prevented effective appellate review, we note that Johnigan raises no substantive challenges to his conviction and that the oral ruling found all of the elements of his charges beyond a reasonable doubt.

The restitution order entered on cause number 92-1-00271-6 is reversed. Johnigan's convictions in cause ...


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