State Of Washington, V Joseph Madison Mcclenny ( 2014 )

I. Q.
COAT OF APPEALS.
DIVISION 11
2014 ScP - 9
PM 9: 22
s
TON
BY
IN THE COURT OF APPEALS OF THE STATE OF WASHING
DIVISION II
STATE OF WASHINGTON, No. 45245 -6 -II
Respondent,
v.
JOSEPH MADISON MCCLENNY, UNPUBLISHED OPINION
Appellant.
MELNICK, J. — Following a bench trial, the court found Joseph Madison McClenny guilty
of possession of a controlled substance, methamphetamine. McClenny appeals his conviction
arguing the trial court erred by failing to enter written findings of fact and conclusions of law. The
State concedes error and agrees that the case should be remanded. We accept the State' s
concession and remand to the trial court for entry of written findings of facts and conclusions of
law as required by law.
FACTS
Officers arrested Joseph Madison McClenny during a routine traffic stop after dispatch
confirmed a valid felony warrant for his arrest existed. Incident to his arrest, the police searched
McClenny' s person and found plastic baggies containing several needles and a white crystal
substance, which tested positive for methamphetamine. The State charged McClenny with one
count of possession of methamphetamine.
45245 -6 -II
McClenny waived his rights to a jury trial and moved for suppression of evidence under
CrR 3. 5. The trial court conducted the CrR 3. 5 hearing and bench trial in one hearing. The court
denied McClenny' s CrR 3. 5 motion and convicted him as charged. However, the trial court did
not enter written findings of fact and conclusions of law for either the trial or the confession
hearing.
ANALYSIS
The trial court is required to enter written findings of fact and conclusions of law following
a bench trial. CrR 6. 1( d). Additionally, it is the duty of the court in a confession hearing to record
and set forth in writing "( 1) the undisputed facts; ( 2) the disputed facts; ( 3) conclusions as to the
disputed facts; and ( 4) conclusion as to whether the statement is admissible and the reasons
therefor." CrR 3. 5( c).
These requirements for written findings and conclusions facilitate the appellate review
process. State v. Head, 136 Wn.2d 619, 622, 964 P. 2d 1187 ( 1998). A court' s oral opinion "' has
no formal or binding effect ' until it is formally incorporated in written findings, conclusions, and
judgment. Head, 136 Wn.2d at 622 ( quoting State v. Mallory, 69 Wn.2d 532, 533, 419 P.2d 3241966)). The trial court' s failure to follow the above -cited rules is remand. Head, 136 Wn.2d at
623.
2
45245 -6 -II
Because the trial court did not enter findings of fact and conclusions of law after either the
bench trial or the CrR 3. 5 hearing, we accept the State' s concession and remand to the trial court
with directions that it enter written findings of fact and conclusions of law as required.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2. 06. 040,
it is so ordered.
We concur: