Opinion
No. 26264-2-III.
August 19, 2008.
Appeal from a judgment of the Superior Court for Spokane County, No. 95-1-00317-7, Michael P. Price, J., entered May 24, 2007.
Affirmed by unpublished opinion per Sweeney, J., concurred in by Kulik, A.C.J., and Brown, J.
The defendant here challenges the authority of the court to extend jurisdiction to collect restitution. His essential argument is that the State failed to show that it moved to extend the court's jurisdiction within 10 years of the imposition of restitution. But he did not raise this objection before now. And, moreover, the State has now supplemented the record and shown that the court was well within the 10 years of the defendant's release when it extended jurisdiction. We affirm the decision to extend jurisdiction to collect restitution until 2020.
FACTS
Jeffrey Krell pleaded guilty to second degree robbery in 1995. The trial judge sentenced Mr. Krell to 73.5 months in prison on February 15, 1995 and imposed restitution. Mr. Krell left prison in 2000.
The State moved in 2007 to extend the trial court's jurisdiction to collect restitution an additional 10 years. The court extended jurisdiction to May 26, 2020. Mr. Krell appeals the order extending jurisdiction to 2020.
DISCUSSION
Mr. Krell contends that the trial court did not have authority to extend jurisdiction so the State could collect restitution because RCW 9.94A.760 only authorizes a 10-year extension of the court's jurisdiction. And he says the State failed to show when he was released. The State has since supplemented the record to show Mr. Krell's release date.
RCW 9.94A.760(4) permits enforcement of legal financial obligations for a crime before July 1, 2000, during the 10-year period after the person's release from confinement. And "the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations" before the end of the initial ten-year period. RCW 9.94A.760(4).
RCW 9.94A.760(4) states: "All other legal financial obligations for an offense committed prior to July 1, 2000, may be enforced at any time during the ten-year period following the offender's release from total confinement or within ten years of entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations including crime victims' assessments."
That is what happened here. Mr. Krell was released from prison in 2000. The court then had jurisdiction until 2010 (10 years from the date of release from prison). RCW 9.94A.760(4). The State moved to extend jurisdiction under RCW 9.94A.760(4) in 2007, less than 10 years after Mr. Krell was released from prison. And, under RCW 9.94A.760(4), the superior court had the authority to "extend the criminal judgment an additional ten years for payment of legal financial obligations." That extension of "an additional ten years for payment of legal financial obligations" would reset the date to 2020. RCW 9.94A.760(4).
We affirm the the trial judge's decision to extend jurisdiction.
A majority of the panel has determined that 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, A.C.J. and BROWN, J., concur.