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State v. Medina

Supreme Court of Washington, En Banc

April 17, 2014

The State of Washington, Respondent,
v.
Mario Alejandro Medina, Petitioner

Argued February 25, 2014.

Appeal from King County Superior Court. No. 97-1-07284-7. Honorable Brian D. Gain.

Cynthia B. Jones (of Jones Law Group LLC ); and Christopher Gibson (of Nielsen Broman & Koch PLLC ), for petitioner.

Daniel T. Satterberg, Prosecuting Attorney, and Andrea R. Vitalich, Deputy, for respondent.

AUTHOR: Justice Sheryl Gordon McCloud. WE CONCUR: Chief Justice Barbara A. Madsen, Justice Charles W. Johnson, Justice Susan Owens, Justice Mary E. Fairhurst, Justice Debra L. Stephens, Justice Charles K. Wiggins, Justice Steven C. González.

OPINION

Page 683

Gordon McCloud, J.

[180 Wn.2d 284] ¶ 1 While petitioner Mario Medina was awaiting retrial on charges of second degree murder, he was ordered to participate in two King County Community Center for Alternative Programs (CCAP) (pronounced " sea-cap" ): " CCAP Enhanced" and " CCAP Basic." Medina participated in these programs for approximately five years before his second trial resulted in a conviction. He argues that he is entitled, as a matter of both statutory and constitutional law, to credit for time served in the alternative programs. Both the trial court and the Court of Appeals rejected this argument. We granted review and now affirm.

FACTS

¶ 2 Medina was originally charged with first degree intentional murder in 1998. The jury convicted Medina and his codefendant, Felipe Ramos, of second degree felony murder based on the predicate offense of second degree assault. Those convictions were vacated in light of In re [180 Wn.2d 285] Personal Restraint of Andress, 147 Wn.2d 602, 56 P.3d 981 (2002), which held that assault was not a

Page 684

predicate offense for felony murder. State v. Ramos, 124 Wn.App. 334, 101 P.3d 872 (2004).

¶ 3 On remand in 2005, Medina was arraigned on first degree manslaughter charges. He moved to dismiss, the trial court denied the motion, and this court granted direct review. In 2008, this court affirmed, meaning that the trial could proceed. State v. Ramos, 163 Wn.2d 654, 661-62, 184 P.3d 1256 (2008). Pending retrial, the trial court released Medina on personal recognizance on several conditions, including participation in CCAP.

¶ 4 CCAP is " a weekly itinerary ... of structured programs" administered at the Yesler Building in downtown Seattle. [1] There are two different CCAP tracks: CCAP Enhanced and CCAP Basic. [2] Offenders ordered into CCAP Enhanced report in person to the Yesler Building daily, while those ordered into CCAP Basic report only by phone. [3] From January 2007 until July 2011, Medina alternated between CCAP Enhanced and CCAP Basic. He spent a total of about nine months in CCAP Enhanced and about three years and nine months in CCAP Basic. [4]

[180 Wn.2d 286] ¶ 5 King County established CCAP under the auspices of former RCW 9.94A.380 (1988)/current RCW 9.94A.680. [5] That statute has authorized courts to impose " alternatives to total confinement" for " offenders [with sentences] for less than one year," since 1983. Laws of 1983, ch. 115, § 9. In 1999, it was amended to give sentencing courts permission to allow county jails to " convert jail confinement to an available county supervised community option." Laws of 1999, ch. 197, § 6.

¶ 6 When Medina was in CCAP Enhanced, he reported in person to the Yesler Building every weekday morning at 9:00 a.m. and remained there " until discharged by department staff." [6] Beyond that bare fact, the record does not contain any information about the nature of Medina's participation in CCAP Enhanced, but we note that in 2008 the King County Code (KCC) was amended to provide that offenders ordered into a " 'county supervised community option' ... must participate for a minimum of six hours per day of structured programs offered through, or approved by, the community corrections division." KCC 5.12.010(B). [7]

¶ 7 At his sentencing after retrial, Medina requested credit for the time he spent in both CCAP Enhanced and CCAP Basic. The trial judge stated that he would grant the request if he could--because Medina's conduct while awaiting retrial ...


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