Personal Restraint Petition Of Kim Robert Delavergne ( 2019 )

Filed
Washington State
Court of Appeals
Division Two
November 26, 2019
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 53380-4-II
Personal Restraint of
KIM ROBERT DELAVERGNE,
Petitioner.
UNPUBLISHED OPINION
GLASGOW, J. – Kim DeLavergne seeks relief from personal restraint resulting from two
Pierce County Superior Court judgment and sentences for possession of a controlled substance and
a string of robberies committed over 30 years ago.1 He argues that under RCW 9.94A.760(5), the
legal financial obligations imposed in those judgment and sentences are void because more than
10 years have passed since his release from total confinement for those offenses and the State did
not renew the 10-year period. We agree and remand to the superior court to void DeLavergne’s
1
Cause numbers 88-1-02350-8 and 88-1-03432-1.
No. 53380-4-II
legal financial obligations and to enter certificates of discharge if it concludes that DeLavergne
has completed all other sentencing requirements imposed in those judgment and sentences.
Legal financial obligations for offenses that occurred before July 2000 expire after 10 years
unless the superior court renews them for an additional 10 years before the first 10-year period
expires. State v. Gossage, 165 Wn.2d 1, 8, 195 P.3d 525 (2008). A superior court must issue a
certificate of discharge once an offender satisfies all of their sentencing conditions and legal
financial obligations. RCW 9.94A.637(1). If an offender has completed all sentencing
requirements and the original 10-year period or renewal has expired, the superior court must issue
a certificate of discharge. RCW 9.94.637(1); Gossage, 165 Wn.2d at 8.
DeLavergne was sentenced in 1988 for possession and 1989 for the robberies. The State
concedes that DeLavergne committed his crimes before July 2000 and that the superior court did
not extend the 10-year limitation period.2 Thus, it concedes that under Gossage and In re Personal
Restraint of Spires, 151 Wn. App. 236, 240-44, 211 P.3d 437 (2009), DeLavergne’s legal financial
obligations for those crimes are void. And it concedes that because those obligations are void,
DeLavergne appears, under Gossage, to be entitled to certificates of discharge of the judgment and
sentences for those crimes.
2
The State correctly notes that DeLavergne should have filed motions in the superior court, rather
than a personal restraint petition, to have his legal financial obligations declared void. But in the
interests of judicial economy, we choose to remand his judgment and sentences rather than
requiring DeLavergne to start new proceedings in the superior court.
2
No. 53380-4-II
We accept the State’s concessions and remand to the superior court to declare
DeLavergne’s legal financial obligations void and to enter certificates of discharge if it concludes
that DeLavergne has completed all other sentencing requirements imposed in the relevant
judgment and sentences.
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.
GLASGOW, J.
We concur:
MELNICK, P.J.
CRUSER, J.
3