Opinion
67535-4-I
10-22-2012
STATE OF WASHINGTON, Respondent, v. PATRICK ALLEN WYCOUGH, Appellant.
UNPUBLISHED OPINION
Per Curiam
Patrick Wycough appeals the sentence imposed following his convictions for first degree burglary and first degree unlawful possession of a firearm. He contends, and the State concedes, that the court failed to make statutorily required findings for imposing mental health evaluation and treatment as conditions of community custody. See RCW 9.94B.080; State v. Jones, 118 Wn.App. 199, 209-10, 76 P.3d 258 (2003). We accept the concession and remand with directions to strike the mental health conditions unless the court "determines that it can presently and lawfully comply" with RCW 9.94B.080. Jones, 118 Wn.App. at 212 n.33.
Wycough also contends the court erred in requiring an "alcohol/substance abuse" evaluation and any recommended treatment as a condition of community custody. He concedes that an alcohol evaluation was properly imposed but contends the court erred in imposing a substance abuse evaluation in the absence of any evidence that controlled substances contributed to his offense. Without citing authority, the State claims that alcohol abuse is a subset of substance abuse, and that the words "alcohol/substance abuse" show that the court was "clarifying that Wycough's substance needs are alcohol-related."
Whatever the court intended, the condition is ambiguous and can be read as requiring evaluation and treatment for more than alcohol abuse. Courts, however, may order only participation in crime-related treatment. RCW 9.94A.703(3)(c); Jones, 118 Wn.App. at 208; RCW 9.94A.607(1) (rehabilitative programs for chemical dependency may be ordered where the court finds that the offender has a chemical dependency that contributed to the offense). Because there is no evidence or finding that anything other than alcohol contributed to Wycough's offense, we remand with directions to amend the challenged condition so that it imposes only alcohol evaluation and treatment.
Remanded for proceedings consistent with this opinion.