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DO NOT CITE. SEE GR 14.1(a).
Court of Appeals Division I
State of Washington
Opinion Information Sheet
| Docket Number: |
65874-3 |
| Title of Case: |
State Of Washington, Res. V. Harold Edward Jackson, App. |
| File Date: |
01/30/2012 |
SOURCE OF APPEAL
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| Appeal from Snohomish Superior Court |
| Docket No: | 10-1-00023-7 |
| Judgment or order under review |
| Date filed: | 07/14/2010 |
| Judge signing: | Honorable Kenneth L Cowsert |
JUDGES
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| Authored by | Marlin Appelwick |
| Concurring: | Mary Kay Becker |
| Ronald Cox |
COUNSEL OF RECORD
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Counsel for Appellant(s) |
| | Nielsen Broman Koch PLLC |
| | Attorney at Law |
| | 1908 E Madison St |
| | Seattle, WA, 98122 |
Counsel for Respondent(s) |
| | Seth Aaron Fine |
| | Attorney at Law |
| | Snohomish Co Pros Ofc |
| | 3000 Rockefeller Ave |
| | Everett, WA, 98201-4060 |
|
| | John Jeppe Juhl |
| | Attorney at Law |
| | 3000 Rockefeller Ave |
| | Everett, WA, 98201-4046 |
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
) No. 65874-3-I
Respondent,
) DIVISION ONE
v.
) UNPUBLISHED OPINION
HAROLD EDWARD JACKSON,
)
Appellant. FILED: January 30, 2012
)
)
)
)
)
)
Appelwick, J. -- Jackson was convicted of custodial assault. He was not taking
medications prescribed for his acknowledged mental illness at the time of the offense.
The trial court ordered him to take all prescribed medications as a condition of
community custody. The trial court did not, as required by statute, make findings that
Jackson is mentally ill and that his mental health status contributed to his offense.
Because the record appears to provide the evidence necessary to support such
findings and those facts were not contested below, we remand to the trial court to either
enter the necessary findings or strike the condition.
FACTS
No. 65874-3-I/2
On September 29, 2009, Harold Jackson turned himself in to serve a 30 day
sentence in the Snohomish County Jail for driving on a suspended license. When he
arrived, he submitted documentation indicating that he needed to take medication for
his bipolar disorder. Nevertheless, he did not receive his medication between
September 29 and October 4.
On October 4, Jackson came to believe he needed medical attention for scabies.
He became disruptive, and Custody Officer Randall Williams told Jackson he would
receive a minor violation for his behavior. When Williams went to Jackson's cell to
have Jackson sign the violation paperwork, Jackson asked him if he knew what piss
was, and if he had ever had any thrown on him. Jackson grabbed a styrofoam cup and
threw its contents at Williams' head and shoulders. Williams ordered a lockdown, took
his shirt off, and began washing his eyes at a nearby eyewash station. While Williams
was washing his face, Jackson continued to yell and began swinging his crutches at
the cell door.
Jackson was charged with and convicted of custodial assault. At trial, the fact
that Jackson did not take his medication for five days prior to the incident was
discussed at length. In closing, defense counsel asked the jury to remember that
Jackson has mental health issues and had been sitting in jail for five days without his
medications. At sentencing, defense counsel reiterated that Jackson's criminal conduct
was related to not taking his medication, and expressed concern that Jackson may
have trouble getting his medication if he was sentenced to further jail time. Jackson
attached a letter from his treatment provider, Barbara Scott, to his sentencing
memorandum. Scott stated that Jackson maintains a fairly stable mood so long as he
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No. 65874-3-I/3
takes his prescribed medication. She recommended that the trial court make whatever
modifications possible to minimize the risk of harm to Jackson and others. The trial
court agreed that it would be unproductive to place Jackson back in the environment in
which his problems arose. It decided to instead sentence Jackson to four months
electronic home monitoring and nine months community custody. As a community
custody condition, the trial court ordered Jackson to take all his prescribed
medications.
Jackson appeals. He argues that the trial court did not have authority to order
him to take his prescribed medications.
DISCUSSION
We review a crime-related community custody condition for an abuse of
discretion. State v. Brooks, 142 Wn. App. 842, 850, 176 P.3d 549 (2008). A trial court
abuses its discretion when its decision is based on untenable grounds, including those
that are contrary to law. Id.
The trial court may require, as conditions of community custody, that an
offender:
(c) Participate in crime-related treatment or counseling services;
(d) Participate in rehabilitative programs or otherwise perform
affirmative conduct reasonably related to the circumstances of the
offense, the offender's risk of reoffending, or the safety of the community.
RCW 9.94A.703(3).
But, the trial court may only order an offender to undergo mental health
treatment as a condition of community custody if it complies with statutory procedures.
RCW 9.94B.080; Brooks, 142 Wn. App. at 851. The court must find that reasonable
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No. 65874-3-I/4
grounds exist to believe that the offender is a mentally ill person as defined in RCW
71.24.025, and that the mental health condition likely influenced the offense. RCW
9.94B.080; Brooks, 142 Wn. App. at 851. An order requiring mental health treatment
must be based on a presentence report and, if applicable, mental status evaluations
that have been filed with the court to determine the offenders competency or eligibility
for a defense of insanity. RCW 9.94B.080; Brooks, 142 Wn. App. at 851. These
requirements are mandatory. See Brooks, 142 Wn. App. at 851; State v. Jones, 118
Wn. App. 199, 210, 76 P.3d 258 (2003).
Jackson argued below that his failure to take medication for his bipolar disorder
contributed to his offense. He submitted a letter from his treatment provider indicating
that he has a mental illness that is controllable with medication. The State did not
contest this assertion. Nevertheless, Jackson now argues that there is no evidence
that the offense was related to his failure to take his prescribed medications, and that
the trial court did not make required findings. He argues that this court should strike
the condition.
Jackson is correct that the trial court did not make the required findings. The
evidence overwhelmingly indicates, however, that Jackson does have a mental illness
for which he was prescribed medication and that his failure to take that medication
contributed to his crime. Jackson himself argued so below. Further, his assertion that
Jones and State v. Lopez, 142 Wn. App. 341, 354, 174 P.3d 1216 (2007), require that
we strike the condition is incorrect.
In Jones, the record appeared to contain enough evidence to support a finding
that the defendant was mentally ill and that the illness contributed to the crime. 118
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No. 65874-3-I/5
Wn. App. at 202, 209. The court remanded for the trial court to strike the condition,
"unless it determines that it can presently and lawfully comply with RCW [9.94B.080]."
Id. By contrast, in Lopez, we struck a condition ordering the defendant to undergo
psychiatric evaluation and treatment. 142 Wn. App. at 353-54. But, Lopez does not
mention any evidence that suggests the defendant was mentally ill.
The trial court erred by conditioning Jackson's community custody on taking all
prescribed medications without making findings that he was mentally ill and that his
illness, absent the prescribed medication, contributed to his crime. We remand for
entry of the necessary findings or for striking the condition if such findings are not
supported by the record.
WE CONCUR:
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