Filed Washington State Court of Appeals Division Two March 8, 2019 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II STATE OF WASHINGTON, No. 50951-2-II Respondent, v. MIN SIK KIM, PUBLISHED IN PART OPINION Appellant. MELNICK, J. — Min Sik Kim plead guilty to murder in the second degree, a serious violent offense. He appeals his sentence. In the published portion of this opinion, we reject Kim’s argument that he should have received credit for his presentence electronic home monitoring (EHM). The 2015 amendment to RCW 9.94A.505 precludes felons convicted of certain crimes, including murder in the second degree, from receiving credit for time served on EHM before sentencing. In the unpublished portion of this opinion, we reject Kim’s other arguments regarding his sentence. We affirm. FACTS In March 2016, Kim shot and killed Jakeel Mason who attempted to steal items from Kim’s convenience store. The State charged Kim with murder in the second degree. Pretrial, the court released Kim from custody but imposed numerous conditions including he could only reside at his home address, he could not travel outside Pierce, King, Thurston, or Kitsap counties, he could not contact victims or witnesses, he could not possess weapons or firearms, and he could not consume or possess alcohol or marijuana. The court also ordered him to be on EHM. 50951-2-II Approximately one year later, Kim plead guilty to the murder charge. Pending sentencing, the court released Kim on similar conditions, including continued EHM. The court sentenced Kim to 100 months. Kim sought credit for the 450 days he had spent on EHM. Because of RCW 9.94A.505(7), the court did not give Kim credit for time spent on EHM. Kim appeals. ANALYSIS Kim argues that RCW 9.94A.505(7) violates the double jeopardy, equal protection, and due process clauses of the United States and Washington constitutions.1 We disagree. I. APPLICABLE STATUTES The general rule is that a person shall receive credit for time served in confinement. RCW 9.94A.505(6). The term “confinement” means “total or partial confinement.” RCW 9.94A.030(8). Under RCW 9.94A.030(36), “partial confinement” includes electronic monitoring. However, a “sentencing court shall not give [an] offender credit for any time the offender was required to comply with an electronic monitoring program prior to sentencing if the offender was convicted of . . . [a] violent offense.” RCW 9.94A.505(7)(a).2 Murder in the second degree is a serious violent offense and a subcategory of a violent offense. RCW 9.94A.030(46)(a)(iii). 1 The State argues that Kim failed to present an adequate record for review of Kim’s double jeopardy, equal protection, and due process claims. We disagree. However, as to Kim’s due process claim, Kim only provided conclusory arguments and passing treatment to this issue; therefore, we do not consider it. RAP 10.3(a)(6); State v. Thomas, 150 Wn.2d 821, 868-69, 83 P.3d 970 (2004). 2 The legislature added this subsection in 2015. LAWS OF 2015, ch. 287, § 10. 2 50951-2-II II. DOUBLE JEOPARDY Kim argues that because he served 450 days on EHM, and ...
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