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.
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.
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).
April 6, 2016, Hubbard filed a petition for certificate and
order of discharge under RCW 9.94A.637(1)(c). RCW
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.
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.
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.
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
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
penalty of perjury that during her employment at PACE, she
recalls Mr. Hubbard performing community restitution and is
confidant (sic) he ...