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SUPERIOR COURT OF WASHINGTON
FOR SNOHOMISH COUNTY

I. HEARING

1.1 A sentencing hearing was held and the defendant, the defendant’s lawyer and the (deputy) prosecuting attorney were present.

II. FINDINGS

There being no reason why Judgment should not be pronounced, the Court FINDS:

2.1 CURRENT OFFENSES: The defendant was found guilty on June 23,2004 by plea of:

as charged in the Amended Information.

[ ] Additional current offenses are attached in Appendix 2.1.

[ ] A special verdict/finding for use of a deadly weapon which was a firearm was returned on Count(s) ____________ RCW 9.94A.602, 510, 9.41.010.

[ ] A special verdict/finding for use of deadly weapon which was not a firearm was returned on Count(s) ____________ RCW 9.94A.602, 510.

[ ] A special verdict/finding of sexual motivation was returned on Count(s) ________ RCW 9.94A.835.

[ ] A special verdict/finding for Violation of the Uniform Controlled Substances Act was returned on Count(s) ____________, RCW 69.50.401 and RCW 69.50.435 taking place in a school, school bus, within 1000 feet of a school bus route stop designated by the school district, or in a public park, in a public transit vehicle, or in a public transit stop shelter, or in, or within 1000 feet of the perimeter of, a civic center designated as a drug free zone by a local government authority, or in a public housing project designated by a local governing authority as a drug-free zone.

[ ] A special verdict/finding that the defendant committed a crime involving the manufacture of methamphetamine when a juvenile was presenting or upon the premises of manufacture was returned on Count(s) ______________ RCW 994A, RCW 69.50.401(a), RCW 69.50.440.

[ ] The defendant was convicted of vehicular homicide which was proximately caused by a person driving a vehicle while under the influence of intoxicating liquor or drug or by the operation of a vehicle in a reckless manner and is therefore a violent offense. RCW 9.94A.030(45)

[ ] This case involves kidnapping in the first degree; kidnapping in the first degree, kidnapping in the second degree, or unlawful imprisonment as defined in chapter 9A.40 RCW 9A.44.130

[ ] The court finds that the offender has a chemical dependency which contributed to the offense and imposes as a condition of the sentence that defendant shall participate in the rehabilitative program/affirmative conduct:

________________________ RCW 9.94A.607

[ ] The crime charged in Count(s) ____________ involve(s) domestic violence.

[ ] The offense in Count(s) ____________ was committed in a county jail or state correctional facility. RCW 9.94A510(5)

[ ] The court finds that in Count __________ a motor vehicle was used in the commission of this felony. The Department of Licensing shall revoke the defendant’s driver’s license. RGW 46.20.285.

[ ] Current offenses encompassing the same criminal conduct and counting as one crime in determining the offender score are (RCW 9.94A.589):

[ ] Other current convictions listed under different cause numbers used in calculating the offender score are (list offense and cause number):

2.2 CRIMINAL HISTORY: Prior convictions constituting criminal history for purposes of calculating the offender score are (RCW 9.94A.525):

[ ] Additional criminal history is attached in Appendix 2.2.

[ ] The defendant committed a current offense while on community placement (adds one point to score). RCW 9.94A.525

[ ] The court finds that the following prior convictions are one offense for purposes of determining the offender score (RCW 9.94A.525):

[ ] The following prior convictions are not counted as points but as enhancements pursuant to RCW 46.61.520:

2.3 SENTENCING DATA:

*Firearm, (D) Other deadly weapons, (V) VUCSA in a protected zone, (VH) Veh. Hom. See RCW 46.61.520, 1 Juvenile Present

[ ] Additional current offense sentencing data is attached in Appendix 2.3.

2.4 [ ] EXCEPTIONAL SENTENCE. Substantial and compelling reasons below the standard range for Count(s) ___________. Findings of fact and conclusions of law are attached in Appendix 2.4. The prosecuting attorney [ ] did [ ] did not, recommend a similar sentence.

2.5 [ ] ABILITY TO PAY LEGAL FINANCIAL OBLIGATIONS. The court has considered the total amount owing, the defendant’s past, present and future ability to pay legal financial obligations, including the defendant’s financial resources and the likelihood that the defendant’s status will change. The court finds that the defendant has the ability or likely future ability to pay the legal financial obligations imposed herein. RCW 9.94A.753

[ ] The following extraordinary circumstances exist that make restitution inappropriate (RCW 9.94A.760):____________

2.6 [ ] The prosecutor’s recommendation was 14 months on Count 1, 14 months on Count 2, 14 months on Count 3, 14 months on Count 4, 14 months on Count 5. The prosecutor recommended counts 1-5 run concurrently.

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 _____

3.3 [ ] The defendant is found NOT GUILTY of Counts _______

IV. SENTENCE AND ORDER

IT IS ORDERED:

4.1 Defendant shall pay to the Clerk of this Court:

______________________________________________

______________________________________________

All payments shall be made in accordance with the policies of the clerk and on a schedule established by the Department of Corrections, commencing immediately, unless the court specifically sets forth the rate here: Not less than $100.00 per month commencing 30 days after release. RCW 9.94A.760. All payments shall be made within 120 months of:

[ ] In addition to the other costs imposed herein the Court finds that the defendant has the means to pay for the cost of incarceration and is ordered to pay such costs at the statutory rate. RCW 9.94A.760

[ ] The defendant shall pay the coats of services to collect unpaid legal financial obligations. RCW 36.18.190.

The financial obligations imposed in this judgment shall bear interest from the date of the Judgment until payment in full, at the rate applicable to civil judgments. RCW 10.82.090. An award of costs on appeal against the defendant may be added to the total legal financial obligations. RCW 10.73.

4.2 [ ] HIV TESTING. The Health Department or designee shall test and counsel the defendant for HIV as soon as possible and the defendant shall fully cooperate in the testing. The defendant, if out of custody, shall report to the HIV/AIDS Program Office at 3020 Rucker, Suite 206, Everett, WA 98201 within one (1) hour of this order to arrange for the test. RCW 70.24.340

DNA TESTING. The defendant shall have a biological sample taken for purposes of DNA identification analysis and the defendant shall fully cooperate in the testing. The appropriate agency, the county or Department of Corrections, shall be responsible for obtaining the sample prior to the defendants release from confinement. RCW 43.43.754

4.3 The defendant shall not have contact with ___________(name, DOB) including but not limited to, personal, verbal, telephonic, written or contact through a third party for ___ years (not to exceed the maximum statutory sentence). EVEN IF THE PERSON WHO THIS ORDER PROTECTS INVITES OR ALLOWS CONTACT, YOU CAN BE ARRESTED AND PROSECUTED. ONLY THE COURT CAN CHANGE THIS ORDER. YOU HAVE THE SOLE RESPONSIBILITY TO AVOID OR REFRAIN FROM VIOLATING THIS ORDER.

[ ] (Check for any domestic violence crime as defined by RCW 10.99.020(3)): VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SU8JECT A VIOLATOR TO ARREST. ANY ASSAULT, DRIVE-BY SHOOTING, OR RECKLESS ENDANGERMENT THAT IS A VIOLATION OF THIS ORDER IS A FELONY. RCW 10.99.050.

[ ] (Check for any harassment crime as defined by RCW 9A.46.060): VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE UNDER CHAPTER 9A.46 AND WILL SUBJECT A VIOLATOR TO ARREST. RCW 9A.46.080.

[ ] (For Domestic Violence orders only:) The clerk of the court shall forward a copy of this order on or before the next judicial day to the __________________ County Sheriffs Office or _____________ Police Department (where the protected person above-named lives), which shall enter it in a computer-based criminal intelligence system available in this state used by law enforcement to list outstanding warrants.

4.4 OTHER: _________________________________________

____________________________________________________

4.5 CONFINEMENT OVER ONE YEAR. The defendant is sentenced as follows:

1. CONFINEMENT. RCW 9.94A.400. Defendant is sentenced to the following term of total confinement in the custody of the Department of Corrections (DOC):

Actual number of months of total confinement ordered is: 14 Months. (Add mandatory firearm and deadly weapons enhancement time to run consecutively to other counts, see Section 2.3, Sentencing Data above)

All counts shall be served concurrently, except for the portion of those counts for which there is a special finding of a firearm or other deadly weapon as set forth above at Section 2.3, and except for the following counts which shall be served consecutively: ________________________________

The sentence herein shall run consecutively with the sentence in cause number(s)___________ but concurrently to any other felony cause not referred to in this Judgment. RCW 9.94A.589

Confinement shall commence immediately unless otherwise set forth here: _______________________________

2. The defendant shall receive credit for time served prior to sentencing if that confinement was solely under this cause number. RCW 9.94A.5O5. The time served shall be computed by the jail unless the credit for time served prior to sentencing is specifically set forth by the court:

4.6 [ ] COMMUNITY PLACEMENT is ordered as follows:

Count ___________________ for __________________ months;

Count ___________________ for __________________ months;

Count ___________________ for __________________ months.

[ ] COMMUNITY CUSTODY is ordered as follows:

Count ___________ for a range from _________ to _________ months;

Count ___________ for a range from _________ to _________ months;

Count ___________ for a range from _________ to _________ months;

or for the period of earned release awarded pursuant to RCW 9.94A.728 and (2), whichever is longer, and standard mandatory conditions are ordered. (See RCW 9.94A for community placement offenses – serious violent offense, second degree assault, any crime against a person with a deadly weapon finding. Chapter. 69.50 or 69.52 RCW offense. Community custody follows a term for a sex offense -- RCW 9.94A. Use paragraph 4.7 to impose community custody following work ethic camp.) The total period of actual confinement plus community custody or community placement shall not exceed the statutory maximum.

While on community placement or 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; (3) not consume controlled substances except pursuant to lawfully issued prescriptions; (4) not unlawfully possess controlled substances while in community custody; (5) pay supervision fees as determined by DOC; and (6) perform affirmative acts necessary to monitor compliance with orders of the court as required by DOC. The residence location and living arrangements are subject to the prior approval of DOC while in community placement or community custody. Community custody for sex offenders may be extended for up to statutory maximum term of the sentence. Violation of community custody imposed for a sex offense may result in additional confinement.

[ ] The defendant shall not possess or consume alcohol or controlled substances without legal prescription, compliance monitored as required by DOC

[ ] Defendant shall have no contact with: ______________ [ ] Defendant shall remain [ ] within [ ] outside of a specific geographical boundary, to wit: ____________

[ ] The defendant shall participate in the following crime-related treatment or counseling services: ____________

[ ] The defendant shall undergo an evaluation for treatment for [ ] domestic violence [ ] substance abuse [ ] mental health [ ] anger management and fully comply with all recommended treatment.

[ ]The defendant shall comply with the following crime-related prohibitions: _____________

Other conditions may be imposed by the court or DOC during community custody, or are set forth here:

_________________________________________________

_________________________________________________

4.7 [ ] WORK ETHIC CAMP. RCW 9.94A.690, RCW 72.09410. The court finds that the defendant is eligible and is likely to qualify for work ethic camp and the court recommends that the defendant serve the sentence at a work ethic camp. Upon completion of work ethic camp, the defendant shall be released on community custody for any remaining time of total confinement, subject to the conditions below. Violation of the conditions of community custody may result in a return to total confinement for the balance of the defendant’s remaining time of total confinement. The conditions of community custody are stated above in Section 4.6.

4.8 [ ] OFF LIMITS ORDER (known drug trafficker) RCW 10.66.020. The following areas are off limits to the defendant while under the supervision of the County Jail or Department of Corrections:

_________________________________________________

_________________________________________________

4.9 [ ] Unless otherwise noted, all conditions of this sentence shall remain in effect notwithstanding any appeal.

V. NOTICES AND SIGNATURES

5.1 COLLATERAL ATTACK ON JUDGMENT. Any petition or motion for collateral attack on this judgment and sentence, including but not limited to any personal restraint petition, state habeas corpus petition, motion to vacate judgment, motion to withdraw guilty plea, motion for new trial or motion to arrest judgment, must be filed within one year of the final judgment in this matter, except as provided for in RCW 10.73.100, RCW 10.73.090.

5.2 LENGTH OF SUPERVISION. For an offense committed prior to July 1. 2000, the defendant shall remain under the court’s jurisdiction and the supervision of the Department of Corrections for a period up to 10 years from the date of sentence or release from confinement, whichever is longer, to assure payment of all legal financial obligations unless the court extends the criminal judgment an additional 10 years. For an offense committed on or after July 1, 2000, the court shall retain jurisdiction over the offender, for the purposes of the offender’s compliance with payment of the legal financial obligations, until the obligation is completely satisfied, regardless of the statutory maximum for the crime. RCW 9.94.A.753(4), 9.94A.760, and 9.94A.505(4).

5.3 NOTICE OF INCOME-WITHHOLDING ACTION. If the court has not ordered an immediate notice of payroll deduction in paragraph 4.1, you are notified that the Department of Corrections may issue a notice of payroll deduction without notice to you if you are more than 30 days past due in monthly payments in an amount equal to or greater than the amount payable for one month. RCW 9.94A.7602. Other income-withholding action under RCW 9.94A may be taken without further notice. RCW 9.94A.7606

5.4 RESTITUTION HEARING.

[ ] Defendant waives any right to be present at any restitution hearing (sign initials); _____________

[ ] Defendant waives any right to a restitution hearing within 6 months RCW 9.94A.750.

[ ] A restitution hearing shall be set for _____________ The Prosecutor shall provide a copy of the proposed restitution order and supporting affidavit(s) of victim(s) 21 judicial days prior to the date set for said restitution hearing. The defendant’s presence at said restitution hearing may be excused only if a copy of the proposed restitution order is signed by both defendant and defense counsel and returned to the Court and Prosecutor no later than 10 judicial days prior to said hearing.

5.5 Any violation of this Judgment and Sentence is punishable by up to 60 days of confinement per violation. RCW 9.94A.634

Cross off if not applicable:

5.6 FIREARMS. You may not own, use or possess any firearm unless your right to do so is restored by a court of record. (The court clerk shall forward a copy of the defendant’s driver’s license, identicard, or comparable identification, to the Department of Licensing along with the date of conviction or commitment). RCW 9.41.040, 9.41.047.

If this is a crime enumerated in RCW 9.41.040 which makes you ineligible to possess a firearm you must surrender any concealed pistol license at this time, if you have not already done so.

(Pursuant to RCW 9.41.047(1), the Judge shall read this section to the defendant in open court. The Clerk shall forward a copy of the defendant’s driver’s license, identicard, or comparable identification to the department of licensing along with the date of conviction).

Cross off If not applicable:

5.7 RIGHT TO APPEAL. If you plead not guilty, you have a right to appeal this conviction. If the sentence imposed was outside of the standard sentencing range you also have a right to appeal the sentence.

This right must be exercised by filing a notice of appeal with the clerk of this court within 30 days from today. If a notice of appeal is not filed within this time, right to appeal is IRREVOCABLY WAIVED.

If you are without counsel, the clerk will supply you with an appeal form on your request, and will file the form when you complete it.

If you are unable to pay the cost of the appeal, the court will appoint counsel to represent you, and the portions of the record necessary for the appeal will be prepared at public expense.

5.8 OTHER: ____________________________________

_______________________________________________

DONE In Open Court and in the presence of the defendant this

date of August 25, 2004.

/Signed/
JUDGE
THOMAS J. WYNNE

/SIGNED/
HALLEY R. HUFF, #23331
Deputy Prosecuting Attorney

/SIGNED/
RAFAEL SCHWIMMER, #12148
Attorney for Defendant

/SIGNED
DOROTHY L. WEBER
Defendant

Translator signature/Print name: ___________________

I am a certified interpreter of, or the court has found me otherwise qualified to interpret, the _____________ language, which the defendant understands. I translated this Judgment and Sentence for the defendant into that language.

CAUSE NUMBER of this case: 04-1-01000-9

I, Pam L. Daniels, Clerk of this Court, certify that the foregoing is a full, true and correct copy of the Judgment and Sentence in the above-entitled action, now on record in this office.

WITNESS my hand and seal of the said Superior Court affixed this date: _____________ Clerk of said County and State, by: ________________ Deputy Clerk

ORDER OF COMMITMENT

THE STATE OF WASHINGTON to the Sheriff of the County of Snohomish; State of Washington, and to the Secretary of the Department of Corrections, and the Superintendent of the Washington Corrections Center of the State of Washington, GREETINGS:

WHEREAS. DOROTHY L. WEBER, has been duly convicted of the crime(s) of Count 1 First Degree Theft, Count 2 First Degree Theft, Count 3 First Degree Theft, Count 4 First Degree Theft, Count 5 First Degree Theft, as charged in the Amended Information filed in the Superior Court of the State of Washington, in and for the County of Snohomish, and judgment has been pronounced against him/her that he/she be punished therefore by imprisonment in such correctional institution under the supervision of the Department of Corrections, Division of Prisons, as shall be designated by the Secretary of the Department of Corrections pursuant to RCW 72.02.210, for the term as provided in the judgment which is incorporated by reference, all of which appears of record in this court; a certified copy of said judgment being endorsed hereon and made a part thereof, Now, Therefore,

THIS IS TO COMMAND YOU, the said Sheriff, to detain the said defendant until called for by the officer authorized to conduct him to the Washington Corrections Center at Shelton, Washington, in Mason County, and this is to command you, the said Superintendent and Officers in charge of said Washington Corrections Center to receive from the said officers the said defendant for confinement, classification, and placement in such corrections facilities under the supervision of the Department of Corrections, Division of Prisons, as shall be designated by the Secretary of the Department of Corrections.

And these presents shall be authority for the same. HEREIN FAIL NOT.

WITNESS the Honorable THOMAS J. WYNNE, Judge of the said Superior Court and the seal thereof, this 25 day of August 2004.

Pam L. Daniels
CLERK OF THE SUPERIOR COURT
By:/SIGNED/
Deputy Clerk

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF SNOHOMISH

Original Restitution Total: $542,778.58 Amended Restitution Total

Restitution shall be joint and several with:

The defendant in this cause having been ordered to make restitution pursuant to the Judgment and Sentence entered herein, and the amount of restitution having been determined based on

[X] the attached certifications of the Deputy Prosecuting Attorney and victim(s)

[ ] restitution hearing conducted by the court.

Now, therefore, IT IS HEREBY ORDERED that the defendant shall pay the above stated amount. The defendant is to be given credit for any payments already received.

The defendant shall mail his/her payments according to the court shown at the top of this order as follows:

SUPERIOR CRT: Superior Court Clerk, 3000 Rockefeller MS605, Everett, WA 98201

EVERETT DISTRICT CRT: Mail your payments directly to the victim(s). NOT

TO THE COURT. Pay by money order or cashiers check.

NOTE TO VICTIMS For payment schedule or further information you can call:

Superior Court Cases: The Snohomish County Clerk’s Office is responsible for disbursing restitution funds as they become available. What this means to you as the victim is we will forward payments to you as soon as they are received by our office from the defendant. Please note: payments may be delayed if the defendant has been incarcerated for a length of time. Additionally, it is not uncommon for payments to be intermittent. The Clerk’s Office monitors the cases regularly and will take appropriate action should the defendant not be in compliance with the payment schedule.

Everett District Court Cases: Non-payment, call Victim’s Assistance 4 months after this date at (425) 388-3370.

Attention: It is the victim’s responsibility to notify the Clerk’s Office if their address changes. Please send all requests in writing to the SNOHOMISH COUNTY CLERK’S OFFICE, Accounting Division, 3000 Rockefeller Ave., MS 605, Everett, WA 98201. Be sure to include your full name, the case number, both old and new addresses, and a current daytime telephone number. If you have any questions, you may contact the Clerk’s Office Accounting Division at (425) 388-4466, ext. 2705.

RMA $15/$25/$50 Restitution Monitoring Fee SCC 4.94.010. The Clerk shall collect this fee before collecting restitution or any other assessed legal financial obligations. RCW 9.94A.760.

The defendant agrees that restitution should be set as ordered above. (strike if inapplicable)

DONE IN OPEN COURT this 25 day of August, 2004

/SIGNED/
Judge

Presented by:
/SIGNED/
Deputy Prosecuting Attorney

Approved for Entry:
/SIGNED/
Attorney for Defendant

/SIGNED/
Defendant