Superiar Court < 

..



Thejury returned a special verdict or the court made a special ?nding with regard to the following:
















l]

[l

The defendant used a ?rearm in the commission of the offense in Count . RCW 9.94A.602,
9.94A.533.
The defendant used a deadly weapon other than a ?rearm in committing the o?ense in (Smart

. RCW 9. 94A. 602, 9 .94A. 533.
Count ,Violation of the Uniform Controlled Substances Act (VUCSA), RCW
69. 50. 401 and ROW 69. 50.435, took place In a school school b115, within 1000 feet ofthe perimeter ofa school
grounds or withhi [000 feet of a school bus route stop designated by the school district; or in a public park, public
transit vehicle, or public transit stop shelter"; or in, or within 1000 feet of the perimeter of a civic center designated as a
dmg-??ce zone by a local government authority, or in a public housing project designated by a local governing
authority as a drug?free zone.
The defendant comniitted a crime involving the manufacture of mediamphetmnhie, including its salts, isomers, and
salts of isomers, when a juvenile was present in or upon the premises of manufacture in Count
. RCW 9.94A.605, RCW 69.50.401, RCW 69.50.440.
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 o?ense. RCW 9.94A.833.
Count is the crime of unlawful possession of a ?rearm and the defendant was a criminal street gang
member or associate when the defendant committed the crime. RCW 9.94A.702, 
The defendant committed vehicular homicide vehicular assault proximately caused by driving a vehicle while .
under the in?uence of intoxicating liquor or drug or by operating a vehicle in a reckless manner. The offmse is, 
therefore, deemed a violent offense. RCW 9. 94A. 030.
Count involves attempting to elude a police vehicle and during the commission of the crime the
defendant endangered one or more persons other than the defendant or the pursuing law enforcement of?cer. RCW
9. 94A. 834.
In Count the defendant has been convicted of assaulting a law enforcement of?cer or other employee
of a law enforcement agency who was performing his or her official duties at the time of the assault, as provided Lmder
RCW 9A. 36. 031, and the defendant intentionally committed the assault with what appeared to be a ?rearm. ROW
9. 94A. 831, 9. 94A. 533.
Count is a_ felony' 1n the commission of which the defendant used a motor vehicle. RCW4620. 285
The defendant has a chemical dependency that has contributed to the RCW 9. 94A. 607.
In Count assault in the 1'?t degree (RCW 9A.36.011) or assault of a child in the 1? degree (CRW 9A.36.120),
the offender used force or means likely to result in death or intended to kill the victim and shall be subject to a
mandatory minimum'term of 5 years (RCW 9.94A.540).
For the crime(s) charged in Count domestic violence was pled and proved RCW 10.99.020.

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 at state) 
. Yes

 

1.

None

 

 

2.

 

 

 

 

 

 

DV: Domestice Violence was pled and proved.



Additional current cohvictions listed under different cause numbers used in calculating the offender score are attached
in Appendix 2. lb.

2.2 Criminal History (RCW 9. 94.4525):

 

 

 

 

Crone Date of Date of Sentencing Court A or 1 Type 
Crone Sentence (County Star!) Adult, Juv qurirne Yes
I Theft 2 121?21/l0 Skagit Co., WA A 
2 Malicious Mischief 1 10/27/03 Skagit Co., WA A 

 

 

 

 

 

 

 

 

 

Felony Judgment and Sentience (FJS) (Prison) (Nansen O??ender)
(RCW 5194:1309. CR 84.0400 (ll/201]) Page 2 of 10





 

 

 

3 Residential Burglary 01/30/03 Skngit Co., WA A 
4 Residential Burglary 01/25i?08 Skagit (30., WA A 
. 5 Theft of a Firearm Skagit Co., WA A 

 

 

 

 

 

 

 

 

 

 

. DV: Domestice Violence was pied and proved.
i; Additional criminal history is attached in Appendix 22 
The defendant committed a current offense while on community placementfcommunity custody (adds one point to
score). RCW 9. 94A. 525.

The prior convictions listed as number(s)
determining the offeiider score (ROW 9 94A. 525)

above, or in appendix 2.2, are one offense for purposes of

The prior convictions: listed as numbeds) above, or in appendix 2.2, are not counted as points but as I
enhancements pinsuant to RCW 46.6! .520.

2.3 Sentencing Data:

 

 

 

 

 

 

 

 

 

Count 015'de Seriousness Standard PM Tom: Standard Maximum Tenn
No. Score Level Range (not Enhancauents Range (martian:

includhrg enhancements)

enhancements)
1 10 5 Unranked 0-12 months 0?12 months 10 305520.000
2 10 1 51-60 months 51-60 months 5 
3 10 11 43.57 months 43-57 months 5 
4 10 . 6+~18 months 6+-13 months 5 yrs/M0900
5 0?364 days 0664 days 364

. daysf55,000

6 10 51-68 months 51-68 months 10 
7 10 51-60 months 51-60 months 5 

 

 

 

 

 

 

 

 

 

(F) Firearm, (D) Other deadly weapons, (V) VUCSA in a protected zone, Veh. Hom, sec RCW 46-6] .520, (JP)
Juvenile present, (CSG) criminal street gang involving minor, (AE) endangerment while attempting to elude.
Additional current offense sentencing data is attached in Appendix 2.3.

For violent offenses, most serious offenses, or armed offmders, recommended sentencing agreements or plea agreements
are attached as follows:

 

2.4 Exceptional Sentence. The court ?nds substantial and compelling reasons thatjustify 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 ?nds 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 byjury, 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 111 Appendix 2 4. .lury? 5 special interrogatory is attached.
The Prosecuting Attorney did did not recommend a similar sentence.

 

 

Felony Judgment and Sentence (FJS) (Prison) (Noose: Q?bnder)

(RCW 9. 94A. 500, CR 34.0400 (22220.! i) Page 3 of 10

 

 

1



2.5 Ability to Pay Legal Financial Obligations. The court has considered the total amount owing, the defendant's
past, present, and ?iture ability to pay legal ?nancial obligations, including the defendant?s ?nancial 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 ?nancial obligations imposed herein.

RCW 9. 94A. 753.

The following exh-aordinary circumstances exist that make restitution inappropriate (RCW 9.94A.7 5 3).

 

The defendant has the present means to pay costs of' incarceration. RCW 9. 94A. 760

Judgment

The defendant 15 guilty of the Counts and Charges listed in Paragraph 2.1 and Appendix 2.1.

3.2 lThe Court DISMISSES Counts . ]The defendant is found NOT GUILTY.

It is ordered.-

IV. Sentence and Order

4.1 Con?nement. The court sentences the defendant to total con?nement as follows:

(8)

Ch)

(6)

Confinement. RCW 9.94A.589. A term of total con?nement in the custody of the Department of Corrections
(DOC): 

2. months on Count I _Lmonths on Count 
?g months on Count ?If 6?9 months on Count 
54" months on Count 2E ?0 months on Count 

The con?nement time on contain(s) a mandatory minimum term of

Count is a gross misdemeanor! misdemeanor wid?90 days imposed with 36?! days suspended
on condition ?the defendant complies with the conditions of this judgment and sentence. RCW 9.92.060.

I The con?nement time on Count includes months as
enhancement for ?rearm deadly weapon VUCSA in a protected zone
manufacture of methamphetamine with juvenile present

Actual numb-er of months of total con?nement ordered is: 60 

All counts shall be served concmrently, except for the portion of those counts for which there is an enhancement
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)

 

Weenwnently?to any other felony cause not referred to in this Judgment RCW 9.94A.589.

Con?nement shall commence immediately tmless otherwise set forth here:

 

 

Credirfor Time Served The defendant shall receive credit for time served prior to sentencing if that
con?nement was solely under this cause number. RCW 9.9414505. The jail shall compute time served.

Work Ethic Program. RCW 9.94A.690, RCW 72.09.410. The court ?nds that the defendant is eligible and
is likely to quality for work ethic program. The court recommends that the defendant serve the sentence at a work
ethic program. Upon completion of work ethic program. the defendant shall be released on conununity custody
for any remaining time of total con?nement, subject to the conditions in Section 4.2. Violation of the conditions of
conununity custody may result in a return to total con?nement for the balance of the defendant?s remaining time
of con?nement.

4. 2 Community Custody. (To determine which o??enses are eligible for or required for community custody see RCW
9 94A. 701)
(A) The defendant shall be on community custody for the longer of:

 

Felarn? Judgment and Sentence (FJS) (Prison) (Mauser Wander)
9.9494500. CR 84.0400 02/20} I) . Page 4 of 10



?03?

(1) the period of early release. RCW or
(2) the period imposed by the court, as follows:

Count(s) 36 months for Serious Violent Offenses
Count(s) 18 months for Violent Offenses
Count(s) 12 months (for crimes against a person, drug offenses, or o?enses involving the

unlawful possession of a fn'earm by a street gang member or associate)

(B) While on community custody, the defendant shall: (I) report to and be available for contact with the assigned
community con'ections o?icer as directed; (2) work at DOC- -approved education, employment andfor community
restitution (service); (3) notify DOC of any change in defendant's address or employment; (4) not consume controlled
substances except pursuant to law?rlly issued prescriptions; (5) not unlawfully possess controlled substances while on
community custody; (6) not can use, or possess ?rearmn or ammunition; (7) pay supervision fees as determined by
(8) perform affirmative acts as required by DOC to con?rm 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.
?Hie court orders than during the period of supervision the defendant shall:
Follow condition of Appendix (drug) I (DUD

consume no alcohol. 
have no contact iarith'.

remain within outside of a speci?ed geographical boundary, to wit:

 

 

not serve in any paid or volunteer capacity where he or she has control or supervision of minors under
13 years of age.
participate in the following crime-related treatment or counseling services:

 

undergo an evaluation for treamtent for domestic violence substance abuse
mental health anger management, and fully comply with all recommended treatment.
comply with the?following cr'nne-related prohibitions:

 

 


-I

Other conditions:

 

 

 

 

Court Ordered Treatment: If any court orders mental health or chemical dependency treatment, the defendant must
notify DOC and the defendant must release treatment information to DOC for the duration of' incarceration and
supervision. RCWS. 94A. 562.

4.3 Legal Financial Obligations: The defendant shall pay to the clerk of this court:

CODE
PC 3 555245! Victim assessment RCW 7.68.035
PDV - Domestic Violence assessment RCW 10.99.080
CRC 3 Court costs, including RCW 9.94A.760, 9.94A.505, 10.01.1613, 10.46.190
Criminal ?ling fee $200 

Witness costs 5 WFR

Sheriff service fees 3 

Jury demand fee 

 

elony Judgment and Sentence (FJS) (Prison) Warmer Q?ender)
(RCW 9.9424500. CR 84.0400 {12/203'1) Page 5 of IO

 



Extradition costs EXT

 

 

 

Other 5
PUB Fees for court appointed attorney RCW 9.94A.760
WK Court appointed defense expert and other defense costs RCW 9.94A.760
.- Fine RCW VUCSA chapter 69.50 new, 1 ,vasn additional fine
deferred due to 'mdigem'y new 69.50430
CD 3 190.00 Drug enforcement fund to SCIDEU RCW 9L94A.760

5 DUI ?nes, fees and assessments
CLF rp_h .00 Crime lab fee suspended due to indigency RCW 43.43.1590
3 ll?u?l DNA collection fee RCW 43.43.7541
FPV Specialized forest products RCW I40
3 Other ?nes oncosts for:
3 Emergency response costs (Vehicular Assault, Vehicular Homicide, Felony DUI only,
$1000 maximum) RCW 38.52.430
Agency Name:
AgencyAddress: 
Total RCW 9.94A.760

4.4

We above total does not include all restitution or other legal ?nancial obligations, which may be set by later
0 er of the court. An agreed restitution order may be entered. RCW 9.94A.753. A restitution hearing:

shall be set by the prosec r. .
l" in 1,521,757- (date).

The defendant waives any right to be present at any restitution hearing (sign initials):

 

Restitution to be determined.

The Department of Corrections (DO-C) or clerk of the court shall immediately issue a Notice of Payroll
Deduction. RCIW 9.94A.7602, RCW 

All payments shall be made in accordance with the policies ofthe clerk ofthe court at $50-00 per month after
entry of this judgment and sentence and on a schedule established by DOC or the clerk of the court, commencing
immediately, unless the comt speci?cally sets forth the rate here: Not less than 3 per month
commencing . ROW 9.94A.760.

 

The defendant shall report to the clerk of the court or as directed by the clerk of the court to provide ?nancial and
other information as requested. RCW 

The court orders the defendant to pay costs of incarceration at the rate of per day, (actual costs
not to exceed $100 per day). (JLR) RCW 9-94A.760.

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 [0.32.090 An award of costs on appeal against the defendant
may be added to the total legal ?nancial obligations. RCW 10.73.160.

DNA Testing. The defendant shall have a biological sample collected for purposes of DNA identi?cation analysis
and the defendant shall fully cooperate in the testing. The appropriate agency shall be responsible for obtaining the
sample prior to the defendant?s release from con?nement. RCW 43.43.754.

HI Testing. The defendant shall submit to HIV testing. RCW 70.24.340.

 

Felony Judgment and Sentence (FJS) (Prison) (Nam-ex O?'ender)
(RCW 9.94A.500. 50304?!?? CR 84.0400 (12/201!) Page 6 of 10

4.5

4.6

4.7

4.8

5.1

-5.2

5.3

5.4

 

 

 

 

 

 

 

 

 

 

 

 

 

No Contact:
The defendant shall not have contact with
(name) including, but not limited to,
personal, verbal, telephonic, written or contact through a third party until (which does not
exceed the maximum statutory sentence).
The defendant is excluded or prohibited from coming within (distance) of:
?3 (name of protected home! residence 
work place school (other location(s))
. or
other location: 
until (which does not exceed the maximum statutory sentence)-
A separate Domestic ViolenceNo-Contact Order or Antiharassment No~Contact Order is ?led concurrent with this
Judgment and Sentence.
Other:
Off-Limits Order. (Known drug traf?cker). RCW 10.66.020. The following areas are off limits to the defendant

while under the sopervision of the county jail or Department of Corrections:

 

 

FORFEITURE 0F FIREARMS. The ?rearm(s) involved in this case, is
(are) forfeited in accordance with the law.

V. Notices and Signatures

Collateral Attack on Judgment. If you wish to petition or move 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, you must do so within
one year of the ?nal judgment in this matter, except as provided for in RCW 10.73.100. RCW 10.73.090.

Length of Supervision. If you committed your offense prior to July 1, 2000, you shall remain under the court?s
jurisdiction and the supervision of the Department of Corrections for a period up to 10 years ?-om the date of sentence
0r release from con?nement, whichever is longer, to assure payment of all legal ?nancial obligations unless the court
extends the criminaljudgment an additional 10 years. If you committed your offense on or after July I, 2000, the
court shall retain jurisdiction over you, for the purpose of your compliance with payment of the legal ?nancial
obligations, until yo'u have completely satis?ed your obligation, regardless of the statutory maximum for the crime.
RCW 9.94A.760 and RCW The clerk of the court has authority to collect unpaid legal ?nancial
obligations at any time while you remain under thejurisdiction of the court for purposes of your legal ?nancial
obligations. RCW and RCW 

Notice of Income-Withholding Action. If the court has not ordered an immediate notice of payroll deduction in
Section 4. I, you are noti?ed that the Department of Corrections (DOC) or the clerk of the court may issue a notice of
payroll deduction without notice to you if you are more than 30 days past due in 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.760 may be taken without further notice. RCW 9.94A.7606.

Community Custody Violation.
If you are subject to a ?rst or second violation hearing and DOC ?nds that you committed the violation, you may
receive as a sanction up to 60 days of con?nement per violation. RCW 9.94A.634.

 

Felony Judgment and Sentence (FJS) (Prison) Women O?nder)
(RCW 9. 94.1500, CR 34.0400 (12/2010 - Page 7 of 10


If you have not completed your maximum term oftotal con?nement and you are subject to a nerd violation hearing
and DOC ?nds thaf you COmmiued the violation, DOC mayreturn you to a state correctional facility to serve up to the
remaining portion of your sentence. RCW 9. 94A. 714.

5.5 Firearms. You may not own, use or possum any ?rearm unless your right to do so is restored by a superior
court in Washington State, and by a federal court If required You must Immediately surrender any concealed
pistol license. (The clerk of the court shall forward a copy of the defendant?s driver's license, identicard, or
comparable identi?cation to the Department of Licensing along with the date of conviction or commitment.) RCW
9.41.040, 9.41.047."

5.6 Reserved

5-7 Motor [ff-be court found that you used a motor vehicle in the of the offense, then the
Department of Licensing will revoke your driver?s license. The clerk of the court is directed to immediately forward
an Abstract of Court Record to the Department of Licensing, which must revoke your driver's license. RCW
46.20.285. 

one IREFUSAL I 

 

5.8 Other:
Dancin OpenCourt and in the presence ofthe dcfendantthis datePrintNarne: I I. TOUSAN 
liken-2f?

Deputy Prosecuting Attorney Atto ey for Defendant? QM M-b
Edwin N. Norton, PAULA M- PLUMER, Bryce gler



 

 

 

Voting Rights Statement: I acknowledge that have lost my right to vote because of this felony conviction. If I am
registmd to vote, my voter registration will be cancelled.

My right to vote is provisionally restored as long as I am not under the authority of DOC (not serving a sentence of
con?nement in the custody of DOC and not subject to community custody as de?ned in RCW 9.94A.030). I must rte-register
before voting. The provisional right to vote may be revoked if I fail to comply with all the terms of my legal ?nancial
obligations or an agreement for the payment of legal ?nancial obligations

My right to vote may be permanently restored by one ofthe following for each felony conviction: a certi?cate of
discharge issued by the sentencing court, b) a court order issued by the sentencing court restoring the
right, RCW 9.92.066; c) -a ?nal order of discharge issued by the indeterminate sentence review board, RCW 9.96.050; or d)
a certi?cate of restoration issued by the governor, RCW 9.96.020. Voting before the right is restored is a class felony,
RCW 29A.84.660. Registering to vote before the right is restored is a class felony. RCW 29A.84.140.

Defendant? signature:

 

 

 

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

CAUSE NUMBER of this case: 11-1-00772-2

Interpreter signaturefPrint name:

 

 

Felony Judgmem' and Sentence (FJS) (Prison) (Manse; O??ender)
(RCW 9.94A.500, CR 84.0400 (12/20! l) Page 8 of 10

i



 ldenlifiufiun 01' file Defendant

511) mm of ru-

(lfno sun compld: a swarm: Applicanl uni 
253) an 5m le) 1,


Lorain) No.- 

Alias name, DOB: L. KORTHUIZ, RICHARD L. DOC No-

 

LAYNE
lure . Ethnicity Sex:
1 Asian/Pacific [1 slack/African: "Caucasian [1 Hispanic [1 Male
American
[]N:liv: American [1 Other: [lNon-Hispnnic i Femal:
. I 21ml thal 1 saw the whu appeared in court affix his or her and signanne on

  
 

this documenl.

 

 

 

 

 

 

 

 

 

 

 

0111c" lnilials Badge/[D51 DNA Dale
firm [Inn/ya
Len four fingm taken simultaneously Lefi Right Right four ringers uken simultaneously

Thumb Thumb

    

 

- 317%Judgmenrand52nrem (FJS) (Prim) (Norma 01km")
94A 500. CR (12/20! I) Page 9 of 10

     
    
   

SUPERIOR COURT OF COUNTY OF SKAGIT
STATE OF WASHINGTON, Plaintiff, vs. No. 11-1-00772-2

BRY ANGLER. Defendant. WARRANT 0F COMMITMENT

SID: Ifno SID, use DOB--

THE STATE OF WASHINGTON 10:11: Sherifi of Skagil County (Jail), and to the proper offices of the
quotrncu'uIIs.

The Defend-n03 clings dinpoud on: follmu:

PRISON RCW9.94.DIO- CLASS I: SCSD 1473308 -GUILTY PLEA

BAIL - CLASS FHDWOOURTAWEARANCE- Fen JULY 1.2001. CDUNT 
GUILTY PLEA

mm in SECOND mouss- (mums; comm 0N uk JUNE 12, zoos) -- RCW 9.35.020(3) - cuss 
ELDNY, COUNT Il'l' SWPD 1W07315-- GUILTY PLEA

PUSSESSION or A CONTROLLED SUBSTANCE OTHER Tm MARIJUANA Row 69. so 4013- FELONV,
COUNT MVPD ll M19490- GUILTY PLEA

THEFT INTHE THIRDDEGREE - RCW GROSS COUNT MVPD l-Ml 9490 - GUILTY PLEA
APUBLIC SERVANT- RCW 9A.76.l80 - CLASS FELDNY, COUNTVI: SCSO 12-02473 - GUILTY PLEA
RCW AND (2X3). CLASS COUNT SCSD 12-02473 -
GUILTY PLEA

Ind the court In: ordered flint defend-It be punished by serving [In determined sentence nf:

 

 

 

 

 

 

 

 

 

 

 

 

 

Count Confinement Work Releue Work Crew

1 IL 

2 60 

3 55'- 71mm

4 IV 

5 35 09619-

6 0 

7 
Defendanl is ordered to mpon In Juil Alumntives (North and of Jail) Within l0 day: oflh: flat: ofthis unit! and commence
mlmceby: fiailschedule I LOCAL JAIL: IMMEDIATE

 

Defendanl naive day(s)aedil for lune served. mew: be 
WW I nfyonr mime may he saved I Mm other "in
< 

 

JAIL CERTIFICATION OF COMPLETION:
I CERTIFY than the above?narmd defendant COMPLETED his jail sentence:

Dare: Of?cer:

 

 

stony Judgmem and Sentence (FJS) (Prison) (Mauser Ofender)
(RCW 9.94A.500. CR 84'. 0400 (I 2/201 

Page 11 oflO