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State v. Hubbard

Court of Appeals of Washington, Division 2

August 22, 2017

STATE OF WASHINGTON, Appellant,
v.
WAYLON JAMES HUBBARD, Respondent.

          Sutton, J.

         The State appeals the superior court's order granting Waylon J. Hubbard's certificate of discharge with an effective date reflecting the date Hubbard satisfied all conditions of his sentence rather than an effective date reflecting the date Hubbard petitioned for the certificate of discharge. We hold that, under RCW 9.94A.637(1)(c), the effective date of a certificate of discharge is the date the superior court receives notice from the county clerk and adequate verification from the offender that the petitioner has satisfied all conditions of his or her sentence. Accordingly, the superior court erred by entering a certificate of discharge with an effective date prior to the date that the superior court received notice and adequate verification that Hubbard satisfied all conditions of his sentence.

         The State also argues that there was insufficient evidence to support the superior court's findings of fact and conclusions of law. Because substantial evidence supports the superior court's findings of fact and the findings support the superior court's conclusions of law, we affirm the superior court's conclusion that Hubbard was entitled to a certificate of discharge. Accordingly, we affirm the superior court's certificate of discharge but remand to the superior court to enter a certificate of discharge with an effective date reflecting the date that the superior court received notice from the county clerk and adequate verification that Hubbard satisfied all conditions of his sentence.

         FACTS

         On October 29, 2004, Hubbard pleaded guilty to one count of possession of stolen property in the second degree. Hubbard was sentenced to 30 days confinement with 15 days converted to 120 hours of community restitution. The court also imposed legal financial obligations (LFOs).

         On April 6, 2016, Hubbard filed a petition for certificate and order of discharge under RCW 9.94A.637(1)(c). RCW 9.94A.637(1)(c) states,

When an offender who is subject to requirements of the sentence in addition to the payment of legal financial obligations either is not subject to supervision by the [Department of Corrections] or does not complete the requirements while under supervision of the department, it is the offender's responsibility to provide the court with verification of the completion of the sentence conditions other than the payment of legal financial obligations. When the offender satisfies all legal financial obligations under the sentence, the county clerk shall notify the sentencing court that the legal financial obligations have been satisfied. When the court has received both notification from the clerk and adequate verification from the offender that the sentence requirements have been completed, the court shall discharge the offender and provide the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate to the offender's last known address.

         Hubbard's petition included a notification from the Department of Corrections (Department), dated February 24, 2005, closing active supervision of Hubbard, and certifying that Hubbard had completed 55 hours of his required community restitution.

         Hubbard also included a declaration from Shelley Steveson stating that Hubbard completed all 120 hours of his community restitution at Pacific Aging Council Endeavor (PACE) Senior Center. Steveson was the site manager for PACE and she coordinated all community restitution performed at PACE. Steveson declared that PACE closed in August 2011 and there were no longer any records of Hubbard's community restitution. However, Steveson "distinctly remember[ed] Mr. Hubbard, because he was good at showing up and doing the work as expected." Clerk's Papers (CP) at 7. Steveson stated that she was "confidant (sic) of my recollection that [Hubbard] completed his 120 hours as was required." CP at 7. And the court clerk certified that Hubbard had completed payment of all LFOs.

         Hubbard requested that the certificate of discharge be issued with an effective date of February 25, 2013-the date he satisfied all conditions of his sentence. The State objected to Hubbard's petition for certificate of discharge. The State argued that Hubbard had presented insufficient proof to establish that he had completed all the required community restitution hours. The State also argued that, if the superior court found that Hubbard had satisfied all conditions of his sentence, the certificate of discharge should have an effective date reflecting when the superior court found that Hubbard had satisfied all conditions of his sentence.

         The superior court considered the petition, all supporting materials, and relevant court records. The superior court entered the following, relevant findings of fact:

6. On April 6, 2016, Virginia Leach, the Pacific County Superior Court Clerk, signed a declaration confirming Mr. Hubbard has paid all legal financial obligations ordered.

7.The account receivable was closed February 25, 2013.

8.Exhibits A and B of the Petition for Certificate and Order of Discharge, combined, sets forth credible documentation Mr. Hubbard completed 120 hours of community restitution.

. . . .

10. Pacific Aging Council Endeavor (PACE), the non-profit where Mr. Hubbard performed his community restitution, closed in August 2011. On March 23, 2016, Shelley Steveson, the individual who supervised the completion of Mr. Hubbard's community restitution at PACE, signed a declaration stating under

penalty of perjury that during her employment at PACE, she recalls Mr. Hubbard performing community restitution and is confidant (sic) he ...


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