Form WPF CR84.0400 J "Felony Judgment and Sentence - Jail One Year or Less" - Washington

What Is Form WPF CR84.0400 J?

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Form Details:

  • Released on June 1, 2020;
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Download Form WPF CR84.0400 J "Felony Judgment and Sentence - Jail One Year or Less" - Washington

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Superior Court of Washington
County of
No.
State of Washington
, Plaintiff,
Felony Judgment and Sentence –
vs.
Jail One Year or Less
(FJS)
______________________________________,
[ ] Clerk’s Action Required, 2.1, 4.1, 4.3, 4.8, 5.2,
Defendant.
DOB
5.3, 5.5, 5.7, and 5.8
PCN:
[ ] Defendant Used Motor Vehicle
SID:
[ ] Juvenile Decline [ ] Mandatory [ ] Discretionary
I. Hearing
1.1
The court conducted a sentencing hearing this date; the defendant, the defendant's lawyer, and the (deputy)
prosecuting attorney were present.
II. Findings
2.1 Current Offenses:
The defendant is guilty of the following offenses, based upon
[ ] guilty plea (date) ____________ [ ] jury-verdict (date) ____________ [ ] bench trial (date) ___________:
Count
Crime
RCW
Class
Date of
(w/subsection)
Crime
Class: FA (Felony-A), FB (Felony-B), FC (Felony-C)
(If the crime is a drug offense, include the type of drug in the second column.)
[ ] Additional current offenses are attached in Appendix 2.1a.
The jury returned a special verdict or the court made a special finding with regard to the following:
GV
[ ] For the crime(s) charged in Count ____________, domestic violence – intimate partner was pled and
proved.
GV
[ ] For the crime(s) charged in Count ____________, domestic violence - family or household member was
pled and proved.
[ ] The defendant used a firearm in the commission of the offense in Count ______________. RCW 9.94A.825,
RCW 9.94A.533.
Felony Judgment and Sentence (FJS) (Jail One Year or Less)
Page 1 of 11
(RCW 9.94A.500, .505)(WPF CR 84.0400 J (06/2020))
Superior Court of Washington
County of
No.
State of Washington
, Plaintiff,
Felony Judgment and Sentence –
vs.
Jail One Year or Less
(FJS)
______________________________________,
[ ] Clerk’s Action Required, 2.1, 4.1, 4.3, 4.8, 5.2,
Defendant.
DOB
5.3, 5.5, 5.7, and 5.8
PCN:
[ ] Defendant Used Motor Vehicle
SID:
[ ] Juvenile Decline [ ] Mandatory [ ] Discretionary
I. Hearing
1.1
The court conducted a sentencing hearing this date; the defendant, the defendant's lawyer, and the (deputy)
prosecuting attorney were present.
II. Findings
2.1 Current Offenses:
The defendant is guilty of the following offenses, based upon
[ ] guilty plea (date) ____________ [ ] jury-verdict (date) ____________ [ ] bench trial (date) ___________:
Count
Crime
RCW
Class
Date of
(w/subsection)
Crime
Class: FA (Felony-A), FB (Felony-B), FC (Felony-C)
(If the crime is a drug offense, include the type of drug in the second column.)
[ ] Additional current offenses are attached in Appendix 2.1a.
The jury returned a special verdict or the court made a special finding with regard to the following:
GV
[ ] For the crime(s) charged in Count ____________, domestic violence – intimate partner was pled and
proved.
GV
[ ] For the crime(s) charged in Count ____________, domestic violence - family or household member was
pled and proved.
[ ] The defendant used a firearm in the commission of the offense in Count ______________. RCW 9.94A.825,
RCW 9.94A.533.
Felony Judgment and Sentence (FJS) (Jail One Year or Less)
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(RCW 9.94A.500, .505)(WPF CR 84.0400 J (06/2020))
[ ] The defendant used a deadly weapon other than a firearm in committing the offense in Count ________
_______________________. RCW 9.94A.825, 9.94A.533.
[ ] In count ___________ the defendant committed a robbery of a pharmacy as defined in RCW 18.64.011(21),
RCW 9.94A.____
[ ] Count ________________ is a criminal street gang-related felony offense in which the defendant
compensated, threatened, or solicited a minor in order to involve that minor in the commission of the offense.
RCW 9.94A.833.
[ ] Count ____________ is the crime of unlawful possession of a firearm and the defendant was a criminal street
gang member or associate when the defendant committed the crime. RCW 9.94A.702, 9.94A.829.
[ ] The defendant has a chemical dependency that has contributed to the offense(s). RCW 9.94A.607.
[ ] Reasonable grounds exist to believe the defendant is a mentally ill person as defined in RCW 71.24.025, and that
this condition is likely to have influenced the offense. RCW 9.94B.080
GY [ ] In Count _______, the defendant had (number of) ______ passenger(s) under the age of 16 in the vehicle.
RCW 9.94A.533.
[ ] Count ________ is a felony in the commission of which the defendant used a motor vehicle. RCW46.20.285.
[ ] Counts __________________ encompass the same criminal conduct and count as one crime in determining the
offender score (RCW 9.94A.589).
[ ] Other current convictions listed under different cause numbers used in calculating the offender score are
(list offense and cause number):
Crime
Cause Number
Court (County & State)
DV*
Yes
1.
2.
* DV: Domestic Violence was pled and proved.
[ ] Additional current convictions listed under different cause numbers used in calculating the offender score are
attached in Appendix 2.1b.
2.2 Criminal History:
Crime
Date of
Date of
Sentencing Court
A or J
Type
DV*
Crime
Sentence
(County & State)
Adult,
of
Yes
Juv.
Crime
1.
2.
3.
4.
5.
* DV: Domestic Violence was pled and proved.
[ ] Additional criminal history is attached in Appendix 2.2.
Felony Judgment and Sentence (FJS) (Jail One Year or Less)
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(RCW 9.94A.500, .505)(WPF CR 84.0400 J (06/2020))
[ ] The defendant committed a current offense while on community placement/community custody (adds one point
to score). RCW 9.94A.525.
[ ] The prior convictions listed as numbers ____________, above, or in appendix 2.2, are one offense for purposes
of determining the offender score (RCW 9.94A.525).
2.3 Sentencing Data:
Count
Offender
Serious-
Plus
Maximum
Standard
Total Standard
No.
Score
ness
Enhancements*
Term
Range
Range
(not
(including
Level
including
enhancements)
enhancements)
* (F) Firearm, (D) Other deadly weapons,
(RPh) Robbery of a pharmacy, (CSG) Criminal street gang involving minor,
(P16) Passenger(s) under age 16.
[ ] Additional current offense sentencing data is attached in Appendix 2.3.
2.4 [ ] Exceptional Sentence.
The court finds substantial and compelling reasons that justify an exceptional
sentence:
[ ] below the standard range for Count(s) _______________.
[ ] above the standard range for Count(s) _______________.
[ ] The defendant and state stipulate that justice is best served by imposition of the exceptional sentence
above the standard range and the court finds the exceptional sentence furthers and is consistent with
the interests of justice and the purposes of the sentencing reform act.
[ ] Aggravating factors were [ ] stipulated by the defendant, [ ] found by the court after the defendant
waived jury trial, [ ] found by jury, by special interrogatory.
[ ] within the standard range for Count(s) _________, but served consecutively to Count(s) ____________.
Findings of fact and conclusions of law are attached in Appendix 2.4. [ ] Jury’s special interrogatory is
attached. The Prosecuting Attorney [ ] did [ ] did not recommend a similar sentence.
2.5 Legal Financial Obligations/Restitution.
The court has considered the total amount owing, the
defendant's financial resources and the nature of the burden that payment will impose. (RCW 10.01.160). The
court makes the following specific findings:
[ ] The defendant is indigent as defined in RCW 10.101.010(3)(a)-(c) because the defendant:
[ ] receives public assistance [ ] is involuntarily committed to a public mental health facility
[ ] receives an annual income, after taxes, of 125 percent or less of the current federal poverty level.
[ ] The defendant is not indigent as definied in RCW 10.101.010(3)(a)-(c).
[ ] The following extraordinary circumstances exist that make restitution inappropriate (RCW
9.94A.753):
________________________________________________________________________________ .
[ ] The defendant has the present means to pay the costs of incarceration. RCW 9.94A.760.
[ ] (Name of agency) ___________________________‘s costs for its emergency response are reasonble.
RCW 38.52.430 (effective August 1, 2012).
2.6 [ ] Felony Firearm Offender Registration.
The defendant committed a felony firearm offense as
defined in RCW 9.41.010, and:
[ ] The defendant should register as a felony firearm offender. The court considered the following factors
in making this determination:
[ ] the defendant’s criminal history.
Felony Judgment and Sentence (FJS) (Jail One Year or Less)
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(RCW 9.94A.500, .505)(WPF CR 84.0400 J (06/2020))
[ ] whether the defendant has previously been found not guilty by reason of insanity of any offense in
this state or elsewhere.
[ ] evidence of the defendant’s propensity for violence that would likely endanger persons.
[ ] other: _______________________________________________________________________.
[ ] The defendant must register as a felony firearm offender because the offense was committed in
conjunction with an offense committed against a person under the age of 18, or a serious violent
offense or offense involving sexual motivation as defined in RCW 9.94A.030.
III. Judgment
3.1
The defendant is guilty of the Counts and Charges listed in Paragraph 2.1 and Appendix 2.1.
3.2
[ ] The court dismisses Counts
in
the charging document.
IV. Sentence and Order
It is ordered:
4.1 Confinement.
The court sentences the defendant as follows:
Confinement. RCW 9.94A.589. A term of total confinement in the custody of:
(a)
[ ] the county jail.
[ ] The defendant was under 18 at the time of the offense and shall be initially placed in the custody of
the Department of Children, Youth, and Families (DCYF).
months on Count
months on Count
months on Count
months on Count
months on Count
months on Count
Actual number of months of total confinement ordered is: ___________________________________.
All counts shall be served concurrently, except for the following which shall be served consecutively:
________________________________________________________________________________.
This sentence shall run consecutively with the sentence in the following cause number(s) (see RCW
9.94A.589(3)): _________________________________________________________________.
Confinement shall commence immediately unless otherwise set forth here: ________________________
____________________________________________________________________________________.
[ ] Partial Confinement. The defendant may serve the sentence, if eligible and approved, in partial
confinement in the following programs, subject to the following conditions: ________________________
____________________________________________________________________________________.
[ ] work crew RCW 9.94A.725
[ ] home detention RCW 9.94A.731, .190
[ ] work release RCW 9.94A.731
[ ] electronic monitoring RCW 9.94A.030
[ ] Conversion of Jail Confinement (Nonviolent and Nonsex Offenses). RCW 9.94A.680(3). The
county jail is authorized to convert jail confinement to an available county supervised community option, to
reduce the time spent in the community option by earned release credit consistent with local correctional
facility standards, and may require the offender to perform affirmative conduct pursuant to RCW 9.94A.
[ ] The defendant shall receive credit for time served in an available county supervised community
option prior to sentencing. The jail shall compute time served.
[ ] Alternative Conversion. RCW 9.94A.680. _______________ days of total confinement ordered
above are hereby converted to ________________ hours of community restitution (service) (8 hours = 1
day, nonviolent offenders only, 30 days maximum) under the supervision of the Department of Corrections
(DOC) to be completed on a schedule established by the defendant's community corrections officer but not
less than ______________ hours per month.
Felony Judgment and Sentence (FJS) (Jail One Year or Less)
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(RCW 9.94A.500, .505)(WPF CR 84.0400 J (06/2020))
[ ] Alternatives to total confinement were not used because of: ______________________________
[ ] criminal history [ ] failure to appear (finding required for nonviolent offenders only RCW
9.94A.680).
(b) Credit for Time Served: The defendant shall receive credit for eligible time served prior to sentencing if
that confinement was solely under this cause number. RCW 9.94A.505. The jail shall compute time
served.
4.2 Community Custody.
RCW 9.94A.505, .702.
(A) The defendant shall serve _________________________ months (up to 12 months) in community custody.
Community custody on all counts shall be served concurrently, except for the following counts which shall be
served consecutively: ___________________________________________________.
The community custody terms of this sentence shall run consecutively with the community custody term in the
following cause number(s) (see RCW 9.94A.589(2)(a)): ______________________________.
The court may order community custody under the jurisdiction of DOC for up to 12 months if the defendant is
convicted of a violent offense, a crime against a person under RCW 9.94A.411, or felony violation of chapter
69.50 or 69.52 RCW or an attempt, conspiracy or solicitation to commit such a crime. For offenses committed
on or after June 7, 2006, the court shall impose a term of community custody under RCW 9.94A.701 if the
offender is guilty of failure to register (second or subsequent offense) under RCW 9A.44.130(11)(a) and for
offenses after June 12, 2008 for unlawful possession of a firearm with a finding that the defendant was a
member or associate of a criminal street gang. The defendant shall report to DOC not later than 72 hours after
release from custody at the address provided in open court or by separate document.
(B) While on community custody, the defendant shall: (1) report to and be available for contact with the assigned
community corrections officer as directed; (2) work at DOC-approved education, employment and/or
community restitution (service); (3) notify DOC of any change in defendant’s address or employment; (4) not
consume controlled substances except pursuant to lawfully issued prescriptions; (5) not unlawfully possess
controlled substances while on community custody; (6) not own, use, or possess firearms or ammunition;
(7) pay supervision fees as determined by DOC; (8) perform affirmative acts as required by DOC to confirm
compliance with the orders of the court; and (9) abide by any additional conditions imposed by DOC under
RCW 9.94A.704 and .706. The defendant’s residence location and living arrangements are subject to the prior
approval of DOC while on community custody.
The court orders that during the period of supevision the defendant shall:
[ ] not possess or consume alcohol.
[ ] not possess or consume controlled substances, including marijuana, without a valid prescription.
[ ] have no contact with: __________________________________________________________________.
[ ] remain [ ] within [ ] outside of a specified geographical boundary, to wit:
______________________________________________________________________________________
______________________________________________________________________________________.
[ ] participate in the following crime-related treatment or counseling services:
______________________________________________________________________________________.
[ ] undergo an evaluation for, and fully comply with, treatment for [ ] domestic violence [ ] substance use
disorder [ ] mental health [ ] anger management.
[ ] comply with the following crime-related prohibitions: ________________________________________
______________________________________________________________________________________.
[ ] Other conditions:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________.
Felony Judgment and Sentence (FJS) (Jail One Year or Less)
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(RCW 9.94A.500, .505)(WPF CR 84.0400 J (06/2020))