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Washington Court's Imposition of Unauthorized Supervision Overturned
Randy Town, a Washington state prisoner, pled guilty to 2 counts of statutory rape based on incidents occurring between 1983 and 1987. He was sentenced to 300 months in prison and 1 year of community placement supervision on each count at his 1990 sentencing hearing. He later challenged the supervision in a state Personal Restraint Petition because the statute authorizing it wasn't in effect when he committed his crimes. The state argued that even if the community placement statute wasn't in effect when Town committed his crimes, since the community placement was part of the plea agreement, Town should have to abide by it.
On review, Division 1 of the state Court of Appeals found that the community Placement statute wasn't in effect when Town's crimes were committed, thus the trial court imposed it without authorization. On that basis, Division 1 granted Town's petition and remanded the case to the trial court for resentencing. See: In Re: Personal Restraint of Town, 141 Wash.App. 1012, 2007 WL 3054368 (Wash.App. Div. 1).
On review, Division 1 of the state Court of Appeals found that the community Placement statute wasn't in effect when Town's crimes were committed, thus the trial court imposed it without authorization. On that basis, Division 1 granted Town's petition and remanded the case to the trial court for resentencing. See: In Re: Personal Restraint of Town, 141 Wash.App. 1012, 2007 WL 3054368 (Wash.App. Div. 1).
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Related legal case
In Re Personal Restraint of Town
| Year | 2007 |
|---|---|
| Cite | 141 Wash.App. 1012, 2007 WL 3054368 (Wash.App. Div. 1) |
| Level | State Court of Appeals |
| Injunction Status | N/A |