IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, DIVISION ONE Respondent, No. 77816-1-1 V. UNPUBLISHED OPINION TYLOR SEAN DONNELLY, Appellant. FILED: May 6, 2019 DWYER, J. — Following a plea of guilty to assault in the third degree, Tylor Donnelly was sentenced to serve two months on a work crew assignment, in addition to one month of community service. His failure to appear for work crew resulted in his termination from San Juan County's work crew program. He appeals from the trial court's denial of his motion to amend the warrant of commitment to award him credit for days during which he was unable to report for work crew. Donnelly's absence from work crew was due to his own mistake in failing to address an issue of which he had notice. As he does not meet the requirements to merit application of the equitable doctrine of credit for time spent at liberty, we affirm. I Tylor Donnelly is a Canadian citizen and resident who lives with his family No. 77816-1-1/2 in Chilliwack, British Columbia. While visiting San Juan County in 2016, Donnelly criminally assaulted and seriously injured David Boyle. Donnelly was charged with assault in the third degree, a class C felony, with the aggravating factor of the infliction of substantial pain. Pending trial, Donnelly was allowed to return to Canada. He traveled into the United States by automobile to attend court hearings. Donnelly would present his court paperwork to United States Customs and Border Protection personnel each time he crossed the international boundary. In these interactions, Donnelly did not experience any impediments to his desire to cross the border. Donnelly engaged in plea bargaining negotiations with the San Juan County prosecuting attorney, seeking a sentencing option of minimal inconvenience to himself. The agreement eventually reached by the parties provided for Donnelly to serve his sentence through the San Juan County Sheriff's work crew program during the fall of 2017. Pursuant to this agreement, Donnelly pled guilty to the charge of assault in the third degree. In his statement on plea of guilty, executed April 28, 2017, Donnelly acknowledged that: If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. (Emphasis added.) The superior court accepted the sentence recommendation agreed upon by the parties and, that same day, imposed a three-month sentence on Donnelly. One month of that sentence was to be served through community service, while 2 No. 77816-1-1/3 two months were to be served on work crew. Donnelly was ordered to begin the work crew service no later than October 10, 2017. He reported to work crew on October 3 after arranging a house rental in the county for the duration of the work crew portion of his sentence. This was more than five months after ...
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