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Court of Appeals Division III
State of Washington

Opinion Information Sheet

			

                                                                              FILED
                                                                         APRIL 10, 2012
                                                                    In the Office of the Clerk of Court
                                                                 WA State Court of Appeals, Division III

       IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

STATE OF WASHINGTON,                                No.  29748-9-III
                                                )
                      Respondent,               )
                                                )   Division Three
              v.                                )
                                                )
JUSTIN LEE ROBERT FRAME,                        )   UNPUBLISHED OPINION
                                                )
                      Appellant.                )
                                                )

       Kulik, J.  --  The trial court revoked Justin Lee Robert Frame's drug offender 

sentencing alternative (DOSA) and imposed jail time.  Mr. Frame appeals, contending 

that the trial court erred by not modifying the term of his community custody or the 

conditions of his sentence after it revoked the DOSA.  We remand for resentencing of 

community custody within the terms of the judgment and sentence.  We affirm the crime-

related condition prohibiting the use or delivery of alcohol.

                                            FACTS

       Mr. Frame pleaded guilty to four counts of delivery of marijuana under 

RCW 69.50.401(1), (2)(c), a class C felony.  He received a sentence for a residential  

No. 29748-9-III
State v. Frame

DOSA that included 24 months of community custody.  The trial court also imposed a 

condition that Mr. Frame not possess or sell alcohol.  

       Approximately four months later, the trial court revoked the DOSA and sentenced 

Mr. Frame to serve "the remaining one-half of the midpoint (12 months) of the standard 

range."  Clerk's Papers (CP) at 68. The trial court did not modify the judgment and 

sentence after revoking the DOSA.  Mr. Frame appeals, contending that the trial court 

erred by not modifying the term of community custody and the condition on his sentence.

                                         ANALYSIS

       Community Custody.  "Statutory construction is a question of law and is reviewed 

de novo."  Cockle v. Dep't of Labor & Indus., 142 Wn.2d 801, 807, 16 P.3d 583 (2001).

       When the trial court determines that a drug offender is eligible for a DOSA, the 

court waives imposition of a sentence within the standard range, and imposes an 

alternative sentence.  RCW 9.94A.660.

       At any point during the DOSA sentence, the trial court may evaluate the offender's 

progress or determine if any violations of the conditions of the sentence have occurred.  

RCW 9.94A.660(7)(a).  "The court may order the offender to serve a term of total 

confinement within the standard range of the offender's current offense at any time 

during the period of community custody if the offender violates the conditions or

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No. 29748-9-III
State v. Frame

requirements of the sentence or if the offender is failing to make satisfactory progress in 

treatment." RCW 9.94A.660(7)(c).

       When a drug offender is sentenced to a residential chemical treatment-based 

DOSA, RCW 9.94A.664(4)(a) states that "[a]t a progress hearing or treatment termination 

hearing, the court may: . . . (c) Impose a term of total confinement equal to one-half of 

the midpoint of the standard sentence range, followed by a term of community custody 

under RCW 9.94A.701." RCW 9.94A.701(3)(c) calls for a one-year term of community 

custody for the crime of possession of a controlled substance.

       Of equal importance, section 4.6 of Mr. Frame's judgment and sentence states that 

upon a violation of the DOSA, a violation hearing shall be held and the trial court may 

impose confinement of up to one-half of the midpoint of the standard range for the 

charged drug offense.  In addition, "a term of community custody range of 9 to 12 months 

shall be imposed upon failure to complete or administrative termination from the special 

drug offender sentencing alternative program." CP at 37.

       "When a sentence is imposed that does not conform to the statutory mandate 

regarding a required period of community placement, remand for amendment of the 

judgment and sentence is the proper course."  State v. Hibdon, 140 Wn. App. 534, 538, 

166 P.3d 826 (2007).

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State v. Frame

       Here, the DOSA statute specifically addresses the imposition of community 

custody after an offender is terminated from a residential chemical treatment center. 

Because the trial court sentenced Mr. Frame under the DOSA statute, RCW 9.94A.660, 

we will look first to the statute for guidance.  Accordingly, after the treatment center 

terminated Mr. Frame from the program, the trial court needed to set Mr. Frame's 

community custody in accordance with RCW 9.94A.701.  RCW 9.94A.701(3)(c)

authorizes one year of community custody. 

       Additionally, Mr. Frame's judgment and sentence stated that upon termination of 

the DOSA, a term of community custody of 9 to 12 months shall be imposed.  "'A 

correct judgment and sentence entered in a criminal cause is final and may not be 

reviewed or revised.'"  State v. Canaday, 9 Wn. App. 393, 398, 512 P.2d 738 (1973)

(quoting State v. Wells, 7 Wn. App. 553, 556, 500 P.2d 1012 (1972)).  The trial court 

must abide by the terms of Mr. Frame's judgment and sentence and impose 9 to 12 

months of community custody upon termination of his DOSA.

       Therefore, based on Mr. Frame's judgment and sentence and the provisions of 

RCW 9.94A.701, Mr. Frame's term of community custody is between 9 to 12 months.  

Remand is appropriate to correct the term of community custody within the provisions of 

the judgment and sentence.

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State v. Frame

       Crime-related Conditions.  This court reviews crime-related prohibitions or 

conditions imposed by the trial court for an abuse of discretion.  To be reversed, the 

sentence must be manifestly unreasonable so that no reasonable person would adopt the 

trial court's view.  State v. Riley, 121 Wn.2d 22, 37, 846 P.2d 1365 (1993) (quoting State 

v. Blight, 89 Wn.2d 38, 41, 569 P.2d 1129 (1977)).

       As a part of any term of community custody, the trial court has the 

discretion to order an offender to "[c]omply with any crime-related prohibitions."

RCW 9.94A.703(3)(f).  A "crime-related prohibition" is defined, in relevant part, as 

"'[a]n order of a court prohibiting conduct that directly relates to the circumstances of the 

crime for which the offender has been convicted.'"  State v. Letourneau, 100 Wn. App. 

424, 431, 997 P.2d 436 (2000) (quoting former RCW 9.94A.030(12) (1999)).  "Although 

the conduct prohibited during community custody must be directly related to the crime, it 

need not be causally related to the crime."  Id. at 432.

       The trial court expressed concern for Mr. Frame's future and his family.  Based on 

this concern and on Mr. Frame's past history, the trial court imposed the community 

custody condition that Mr. Frame not possess or sell alcohol. Mr. Frame admitted to 

problems with marijuana, an addictive substance.  Mr. Frame's guilty plea for delivery of 

marijuana demonstrated that he had a problem with the distribution of an addictive 

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No. 29748-9-III
State v. Frame

substance to other individuals.  Alcohol is also an addictive substance and is often abused 

along with other drugs.  Therefore, based on Mr. Frame's addiction and his conviction, 

the trial court did not abuse its discretion by prohibiting Mr. Frame from possessing or 

delivering alcohol, another addictive substance, as a crime-related condition.

       We remand for resentencing of community custody within the terms of the 

judgment and sentence.  We affirm the crime-related condition. 

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

Washington Appellate Reports, but it will be filed for public record pursuant to 

RCW 2.06.040.

                                            _________________________________
                                            Kulik, J.

WE CONCUR:

______________________________              _________________________________
Korsmo, C.J.                                Siddoway, J.

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