State v. Buckman

This op)n)dh Wi§ ^6r r§&8fd rruE at • 60QJA on i ^ 2i)(^ IN CLERKS OPFICB s COURT,SmE OF WMSHMSTSli 1 ?f|1 SUSAN L. CARLSON SUPREME COURT CLERK Tf^ IN THE SUPREME COURT OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, No. 93545-9 V. En Banc BRIAN WALLACE BUCKMAN, Filed FEB 0 1 201 Petitioner. WIGGINS, J.— Brian Buckman pleaded guilty to second degree rape of a child. ROW 9A.44.076. After sentencing, Buckman learned that he had been misinformed of the sentencing range that applied to him. Based on this misinformation, Buckman now seeks to withdraw his plea as involuntary. Because Buckman's motion to withdraw is a collateral attack on his judgment and sentence, he must show both error—here, that his plea was involuntary—as well as actual and substantial prejudice resulting from that error. We conclude that Buckman's plea was involuntary because he was misinformed that he might be sentenced to life in prison despite the fact that the statute provided that a sentence of life in prison could not apply to a 17-year-old, Buckman's state V. Buckman (Brian Wallace) No. 93545-9 age at the time of the offense. But we also hold that he is not entitled to withdraw his plea because he fails to show that the misinformation provided at the time of his plea caused him actual and substantial prejudice. As a result, we deny the motion to withdraw and remand for resentencing only. FACTS When Buckman was 17 years old, he had a sexual relationship with 13-year- old K.B.S. Law enforcement learned of the relationship when Buckman was 19; Buckman was subsequently charged in superior court with second degree rape of a child. In a written statement, Buckman acknowledged "dating" K.B.S. and stated that he had not understood their relationship to be unlawful. Buckman emphasized that K.B.S.'s parents had consented to the relationship. Buckman was told that his crime carried the possibility of life in prison. Under the statutes, second degree rape of a child has a sentence range of 86 to 114 months with a maximum term of life, as well as lifetime community custody. ROW 9.94A.507(5), .510, .515; ROW 9A.20.021(a), .076(2). Buckman was also told about the possibility of a special sex offender sentencing alternative (SSOSA) under ROW 9.94A.670. Under a SSOSA, the court sentences a qualifying defendant to a term of confinement up to 12 months followed by a term of community custody, and imposes appropriate conditions such as undergoing appropriate sex offender treatment. If the defendant violates the conditions of community custody, the court can modify the conditions or revoke the suspended sentence. Id. page 2 of 23 state V. Buckman (Brian Wallace) No. 93545-9 The record before us does not disclose the discussions that led to Buckman's guilty plea. However, Buckman's sworn statement in support of his motion to set aside his guilty plea includes two relevant statements. First, Buckman asserts that he was told that the maximum sentence for his crime was life in prison and that "[u]pon this ...

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