FILED SEPTEMBER 24, 2020 In the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE STATE OF WASHINGTON, ) ) No. 36734-7-III Respondent, ) (Consolidated with ) No. 37316-9-III) v. ) ) DESTINY LOUISE AHENAKEW, ) UNPUBLISHED OPINION ) Appellant. ) ) ) In the Matter of the Personal Restraint of ) ) DESTINY LOUISE AHENAKEW, ) ) Petitioner. ) SIDDOWAY, J. — Destiny Ahenakew appeals her conviction for first degree burglary entered following her guilty plea, submits a pro se statement of additional grounds (SAG), and, in a motion to withdraw the guilty plea that was transferred to us for consideration as a personal restraint petition (PRP), contends that her plea was not knowing and voluntary. We affirm the conviction, decline to consider the SAG, and dismiss the petition. Nos. 36734-7-III and 37316-9-III (consolidated) State v. Ahenakew; Pers. Restraint of Ahenakew FACTS AND PROCEDURAL BACKGROUND In December 2018, the State charged Destiny Ahenakew with first degree burglary and first degree robbery. Three months later, she appeared for a hearing scheduled for entry of a guilty plea, to be followed immediately by sentencing. At the outset of the hearing, the prosecutor explained that the parties had reached an agreement under which Ms. Ahenakew would plead guilty to first degree burglary in exchange for the State’s agreement to dismiss the robbery charge. The State had agreed to recommend the low end of the standard range, which, with Ms. Ahenakew’s offender score of 6, was 57 months. Among her prior convictions was a conviction several years earlier for assault of a child in the second degree, which constitutes a “[m]ost serious offense” under RCW 9.94A.030(33)(c). On her signed statement on plea of guilty presented to the court, Ms. Ahenakew had initialed a “Notification Relating to Specific Crimes” provision that explained that the crime to which she was pleading guilty was “a most serious offense or ‘strike’ as defined by RCW 9.94A.030.” Clerk’s Papers (CP) at 14 (boldface omitted). Of 25 such notifications included in the printed judgment and sentence form, this was the only one that applied and that she was required to read and initial. Her signature on the plea agreement appeared immediately below the following acknowledgement: 2 Nos. 36734-7-III and 37316-9-III (consolidated) State v. Ahenakew; Pers. Restraint of Ahenakew My lawyer has explained to me, and we have fully discussed, all of the above paragraphs and the “Offender Registration” Attachment, if applicable. I understand them all. I have been given a copy of this “Statement of Defendant on Plea of Guilty.” I have no further questions to ask the judge. CP at 19. The following exchanges took place between the trial court and Ms. Ahenakew during the hearing at which her plea was accepted: THE COURT: Okay. You’re 29 year [sic] old, went through the 10th grade in school? MS. AHENAKEW: Yes. THE COURT: Do you have any problems reading or understanding English? MS. ...
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