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State v. Hender

Court of Appeals of Washington, Division 3

May 1, 2014

The State of Washington, Respondent,
v.
Ronald Frank Hender, Appellant

Appeal from Walla Walla Superior Court. Docket No: 12-1-00029-5. Date filed: 11/26/2012. Judge signing: Honorable John W Lohrmann.

David L. Donnan and Gregory C. Link (of Washington Appellate Project ), for appellant.

James L. Nagle, Prosecuting Attorney, and Teresa J. Chen, Deputy, for respondent.

AUTHOR: George B. Fearing, A.C.J. WE CONCUR: Stephen M. Brown, J., Kevin M. Korsmo, J.

OPINION

Page 781

Fearing, A.C.J.

[180 Wn.App. 897] ¶ 1 Ronald Hender pled guilty to two counts of delivery of methamphetamine with a single school zone enhancement. On appeal, he argues the sentencing court either failed to exercise or abused its discretion when it denied his request for a drug offender sentencing alternative (DOSA), chapter 9.94A RCW. Hender requests a new sentencing hearing. We affirm the trial court, since it exercised and did not abuse its discretion. The trial court legitimately denied a DOSA sentence because Hender refused to take responsibility for his criminal conduct.

FACTS

¶ 2 Between November 2011 and January 2012, a confidential informant purchased methamphetamine from Ronald Hender on multiple occasions. Based on the controlled buys, the State charged Hender with three counts of delivery of methamphetamine and an enhancement for doing so within a school zone. Hender pled guilty to two counts.

¶ 3 At sentencing, the State recommended the low-end of the standard 36 to 44 months range. Hender requested a DOSA sentence. In support of his request, Hender, now age 57, stated he was a good candidate because of his age, his valuable skill set, and the support of his " tight family." Report of Proceedings (RP) at 16. In addition he told the court:

I don't feel like methamphetamine's ever made me a criminal. I've never been out robbing people or doing anything and having it being illegal. And over the years it's turned my brain to poop and just caused a lot of trouble, you know. So it's all done. And just want to get it over with.

RP at 17. Hender's brother Steve also spoke in support of Hender's ability to " be 100 % on recovery on this if given the last chance." RP at 19.

[180 Wn.App. 898] ¶ 4 The trial court sentenced Ronald Hender to 36 months and 1 day on the first count and 12 months and 1 day on the second count, to be served concurrently. The court refused a DOSA sentence on the ground that, contrary to Hender's remarks, methamphetamine had made him a criminal. Hender not only took methamphetamine but dealt the illicit drug.

¶ 5 Ronald Hender demurred and claimed not to deal methamphetamine. He first commented, " I wasn't dealing meth." RP at 20. When the trial court confronted him with pleading guilty to delivery of methamphetamine, Hender deflected blame from himself: " The city sent a guy out to get me, basically totally out of retirement, and offered me a lot of money. And, ...


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