Superior Court County: Snohomish. Superior Court Cause No: 12-1-00137-0. Date filed in Superior Court: August 24, 2012. Superior Court Judge Signing: Hon. David A. Kurtz.
James S. Johnson, pro se.
Christopher Gibson (of Nielsen Broman & Koch PLLC ), for appellant.
Mark K. Roe, Prosecuting Attorney, and Seth A. Fine, Deputy, for respondent.
AUTHOR: Lau, J. WE CONCUR: Appelwick, J., Grosse, J.
[180 Wn.App. 95] ¶ 1 James Johnson appeals his high-end standard range sentence for attempted second degree robbery. He challenges the court's offender score calculation and argues he received ineffective assistance of counsel at sentencing. Because the trial court properly calculated Johnson's offender score and Johnson fails to show that prejudice resulted from his counsel's alleged deficient performance, we affirm.
Attempted Second Degree Robbery Conviction
¶ 2 The State charged James Johnson with attempted second degree robbery. A jury found Johnson guilty as charged.
¶ 3 At sentencing, the State offered evidence of nine prior felony convictions: one for second degree murder, four for obtaining a controlled substance by forged or altered prescription, two for forgery, one for second degree possession of stolen property, and one for second degree burglary. The issues on appeal concern two groups of these convictions. One group comprises the four prescription forgeries. The other comprises the possession of stolen property and one of the forgeries.
Prior Prescription Forgery Convictions
¶ 4 The State introduced the judgments and sentences, informations, affidavits of probable cause, and plea agreements [180 Wn.App. 96] for the prior prescription forgery convictions. These documents show that in April 1996, Johnson was convicted of one count of obtaining a controlled substance by forged or altered prescription under Snohomish County cause number 95-1-01647-7 and three counts of obtaining a controlled substance by forged or altered prescription under Snohomish County cause number 95-1-01648-5. The judgments show on their faces that the crimes were committed on four different dates. Other documents show Johnson was charged with and pleaded guilty to crimes committed on four different dates. In sentencing Johnson for the prescription forgeries, the court treated the four crimes as separate criminal conduct.
Prior Second Degree Possession of Stolen Property and Forgery Convictions
¶ 5 Similarly, the State introduced the judgment and sentence, information, affidavit of probable cause, and plea agreement for these crimes. These documents show that in November 1999, Johnson was convicted of one count of second degree possession of stolen property and one count of forgery in Snohomish County cause number 97-1-01472-1. The information showed that the possession of stolen property involved two credit cards belonging to Talia Bowie. The forgery involved signing a false name to a credit card slip in payment for cab fare. The judgment and sentence contains no finding that these crimes constituted the same criminal conduct. In computing Johnson's offender score, the sentencing court treated Johnson's prior prescription forgery crimes as separate criminal conduct.
Prior Second Degree Murder Conviction
¶ 6 In October 2001, King County Superior Court sentenced Johnson on one count of second degree murder. The court scored Johnson's three 1996 convictions for obtaining a controlled substance by forged or altered prescription under Snohomish County cause number 95-1-01648-5 as [180 Wn.App. 97] " same crim[inal] conduct" and further scored his 1999 convictions for possessing stolen property and forgery under Snohomish County cause number 97-1-01472-1 as " same crim[inal] conduct." The record ...