Find Court Cases > State Of Washington, Respondent V. Ellis Bouvier, Appellant

State Of Washington, Respondent V. Ellis Bouvier, Appellant

Case Date: 01/31/2012
Court: Court of Appeals Division II
Docket No: 41523-2

 
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Court of Appeals Division II
State of Washington

Opinion Information Sheet

Docket Number: 41523-2
Title of Case: State Of Washington, Respondent V. Ellis Bouvier, Appellant
File Date: 01/31/2012

SOURCE OF APPEAL
----------------
Appeal from Mason County Superior Court
Docket No: 07-1-00598-6
Judgment or order under review
Date filed: 10/12/2010
Judge signing: Honorable Toni a Sheldon

JUDGES
------
Authored byJill M Johanson
Concurring:J. Robin Hunt
Lisa Worswick

COUNSEL OF RECORD
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Counsel for Appellant(s)
 Patricia Anne Pethick  
 Attorney at Law
 Po Box 7269
 Tacoma, WA, 98417-0269

Counsel for Respondent(s)
 Timothy J. Higgs  
 Mason Co Pros Aty Office
 Po Box 639
 Shelton, WA, 98584-0639
			

    IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

                                       DIVISION  II

STATE OF WASHINGTON,                                             No.  41523-2-II

                             Respondent,                       Consolidated with:

       v.                                                        No. 41526-7-II

ELLIS BURTON BOUVIER,                                      UNPUBLISHED OPINION

                             Appellant.

       Johanson, J.  --  Ellis Bouvier appeals from the trial court's denial of his motion to credit 

excess confinement time against his term of community custody.  In light of a recent Washington 

State Supreme Court opinion, we affirm.1

       Juries found Bouvier guilty of two counts of felony violation of a no-contact order arising 

out of two actions.  The trial court imposed consecutive 15-month terms of confinement and 

concurrent 9 to 18-month terms of community custody.  On appeal, we reversed the consecutive 

terms of confinement and remanded for resentencing.  The trial court modified Bouvier's 

sentences to run them concurrently.  By this time, Bouvier had served 22 months of confinement, 

7 months in excess of his now concurrent 15-month terms.  He moved to have that seven months 

credited against his term of community custody.  The trial court denied his motion.  

       Bouvier argues that the trial court erred in not crediting his excess confinement time 

against his term of community custody, relying on In re Pers. Restraint of Knippling, 144 Wn. 

App. 639, 642, 183 P.3d 365 (2008).  But in State v. Jones, 172 Wn.2d 236, 247-48, 257 P.3d 

1 A commissioner of this court initially considered Bouvier's appeal as a motion on the merits 
under RAP 18.14 and then transferred it to a panel of judges. 

No. 41523-2-II/
No. 41526-7-II

616 (2011), the Washington State Supreme Court disavowed Knippling and held that excess 

confinement time is not to be credited against a term of community custody.

       We affirm.

       A majority of the panel having determined that this opinion will not be printed in the 

Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it 

is so ordered.

                                                                   Johanson, J.
We concur:

                   Hunt, J.

                Worswick, A.C.J.

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