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State v. Barbee

Supreme Court of Washington, En Banc

July 3, 2019

STATE OF WASHINGTON, Respondent,
v.
SHACON FONTANE BARBEE, Petitioner.

          YU, J.

         RCW 9.94A.753(1) provides that restitution must be determined within 180 days of "the sentencing hearing." In this case, petitioner Shacon Barbee had two sentencing hearings-an initial sentencing hearing in 2013 and a resentencing on remand in 2017. We must determine which one is "the sentencing, . hearing" for restitution purposes. The Court of Appeals correctly held that in this case, "the sentencing hearing" is the resentencing on remand, so the trial court did not exceed its statutory authority by entering a second restitution award following resentencing. We affirm.

         FACTUAL AND PROCEDURAL BACKGROUND

         "Barbee was a pimp who made money from prostitutes working under his supervision." State v. Barbee, 187 Wn.2d 375, 378, 386 P.3d 729 (2017). In 2013, Barbee was convicted of the following offenses:

• Count 1: Promoting commercial sexual abuse of a minor
• Count 2: Promoting commercial sexual abuse of a minor
• Count 4: Promoting prostitution in the second degree
• Count 5: Promoting prostitution in the second degree
• Count 6: Leading organized crime
• Count 7: Theft in the first degree from the United States Social Security Administration (SSA)
• Count 8: Theft in the first degree from the SSA
• Count 9: Theft in the second degree from the Department of Social and Health Services, now known as the Washington Health Care Authority (HCA)

         Barbee was given exceptional sentences on Counts 1, 2, and 6, and standard-range sentences on the other counts. After a restitution hearing, the court entered a timely restitution award in favor of the SSA for $15, 078.

         Barbee appealed, contending in relevant part that the "two counts of second degree promoting prostitution [Counts 4 and 5] constitute a single unit of prosecution." Id. at 381. This court affirmed Barbee's convictions for Counts 4 and 5 but held that Barbee's "exceptional sentence on [Count 1] exceeded the ...


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