WA Legal Roundup: Division II
Donaghe appeals the trial court’s denial of his certificate of discharge for his convictions and sentences for rape as a sexually violent predator. Donaghe argues to the appeals court that the trial court exceeded their authority when they determined that his community placement sentence was tolled while he was confined as a sexually violent predator as the authority vests in the DOC and that his certificate of discharge should have been granted as he has completed all the requirements of his sentence.
The appeals court agrees with the trial court’s outcome but differs in their analysis. The appeals court rules that Mr. Donaghe did not complete his sentence because he was never in the “community” and therefore could not have completed his community placement portion of his sentence. The court rules based on the plain and ambiguous statutory language determining that community placement cannot begin until the State releases a defendant into the community. Mr. Donaghe was not released into the community, and thus, the court of appeals argues, has not completed all of his sentence.
Trial court ruling is affirmed.
Judge Armstrong dissents.