Appeal from Chelan Superior Court. Docket No: 10-2-00145-4. Judge signing: Honorable John E Bridges. Judgment or order under review. Date filed: 08/27/2012.
Julie A. Anderson (of
Law Office of Julie A. Anderson ), for appellant.
Robert W. Ferguson,
Attorney General, and Patricia Fetterly, Assistant, for respondent.
Authored by Stephen M. Brown. Concurring: Robert E. Lawrence-Berrey, Laurel H. Siddoway.
Stephen M. Brown, J.
[186 Wn.App. 554] [¶1] Kenneth Stephens appeals the trial court's order denying his motion for directed verdict (judgment as a matter of law) in his false imprisonment suit against the State of Washington. He contends the court [186 Wn.App. 555] erred in denying his motion and additionally contends the evidence does not support the verdict. We disagree with Mr. Stephens' contentions and affirm.
[¶2] On September 3, 2006, the State charged Mr. Stephens with, among other things, second degree theft for removing a pay telephone coin box from a Yakima parking lot (Yakima County Superior Court cause no. 06-1-02170-9). He was confined for three days before his father posted bail. On October 28, 2006, while on bail, Mr. Stephens was arrested and charged with, among other things, second degree possession of stolen property for shoplifting at a Yakima Shopko store (Yakima County Superior Court cause no. 06-1-02624-7). Mr. Stephens was held in the Yakima County jail for several days following this arrest and then transferred to the Chelan County jail due to outstanding warrants there. He was returned to Yakima County on November 16, 2007 to deal with his two pending felony cases there.
[¶3] On February 6, 2007, Mr. Stephens pleaded guilty to one count of second degree theft in the Shopko case. The court sentenced him to 17 months' imprisonment. The judgment and sentence states the 17 months were " consecutive with prior sentences." Clerk's Papers (CP) at 100. The court granted 15 days' credit for jail time served in the 2007 judgment and sentence, the time between his October 28, 2006 arrest and transfer to Chelan County to clear the other warrants.
[¶4] Mr. Stephens remained confined in the Yakima County jail after the February 6, 2007 sentencing because the earlier coin box case remained unresolved. On February 6, 2008, Mr. Stephens pleaded guilty to one count of possession of stolen property on the coin box case. The court sentenced him to 22 months. The judgment and sentence states the 22 months were to be " served consecutive with [186 Wn.App. 556] prior sentences." CP at 106. The court granted credit from November 16, 2008 plus 3 days (the 3 days he served in jail immediately following his arrest for the coin box theft on September 3, 2006, before posting bail).
[¶5] On February 13, 2008, the Department of Corrections (DOC) transported Mr. Stephens to a processing point. The Yakima County jail sent DOC certifications for jail time credit served and earned release time related to the jail time served on the two cause numbers so DOC could set Mr. Stephens' release date. In its initial certifications, Yakima County granted Mr. Stephens 387 days' credit for jail time served and 193 days of earned release time (" good time" credits) for total credits of 580 days earned while serving time on the 2007 Shopko judgment and sentence. This resulted in him initially receiving jail credit off both sentences for his entire jail confinement between November 16, 2006 and February 13, 2008 when DOC received him into custody.
[¶6] Following Mr. Stephens' transfer from the Yakima County jail to DOC custody, DOC Auditor Wendy Stigall reviewed the two jail certifications for accuracy in order to set ...