State Of Washington v. Donald W. Kingsley ( 2020 )

Filed
Washington State
Court of Appeals
Division Two
February 11, 2020
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 51748-5-II
Respondent,
v.
DONALD WILLIAM KINGSLEY, UNPUBLISHED OPINION
Appellant.
LEE, A.C.J. — Donald W. Kingsley appeals his conviction and sentence for one count of
child molestation in the first degree, aggravated by Kingsley using his position of trust to facilitate
the commission of the crime. Because the record shows that the trial court failed to enter written
findings of fact and conclusions of law after Kingsley’s bench trial, we vacate the judgment and
sentence, and remand for entry of findings of fact and conclusions of law supporting the trial
court’s verdict and for resentencing.
FACTS
A. SUMMARY OF THE CHARGES
The State charged Kingsley with one count of rape of a child in the first degree under RCW
9A.44.073 and one count of child molestation in the first degree under RCW 9A.44.083. The State
also alleged that both crimes were aggravated by Kingsley using his position of trust to facilitate
the commission of the crime under RCW 9.94A.535(3)(n).
Kinglsey waived his right to a jury trial, including for the aggravating factors. The trial
court held a bench trial from January 22 to January 23, 2018.
No. 51748-5-II
B. VERDICT AND SENTENCING
In an oral ruling, the trial court found that there was a reasonable doubt in regards to the
charge of rape of a child in the first degree because all of the references that E.S.P. made to the
police officer were to Kingsley’s hand, not fingers and E.S.P. described Kingsley conduct as
rubbing. However, the trial court found Kingsley guilty of child molestation beyond a reasonable
doubt. The trial court appears to have failed to enter written findings of fact and conclusions of
law regarding its verdict because there is no record of any such written findings of fact and
conclusions of law.
However, the trial court did enter written findings of fact and conclusions of law as to the
aggravating factor. The trial court found that Kingsley was a family friend of the victim’s parents
for more than 10 years and often babysat their children. As a babysitter and overnight guest, the
victim’s parents gave Kingsley full access to their home, including the room where the victim was
sleeping. The trial court concluded that Kingsley held a position of trust with the victim’s parents
and that Kingsley used that position of trust to facilitate the offense of child molestation in the first
degree against the victim. Therefore, Kingsley’s crime was aggravated by his use of his position
of trust to facilitate the crime.
The trial court imposed an exceptional sentence of 70 months in prison. The trial court
also imposed community custody conditions and required Kingsley to pay supervision fees as
determined by DOC. In addition, the trial court ordered Kingsley to pay the following LFOs: a
$500 victim assessment fee, a $200 criminal filing fee, a $100 DNA collection fee, and interest on
all LFOs. The trial court then entered an order of indigency for appeal purposes.
Kingsley appeals.
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No. 51748-5-II
ANALYSIS
Here, there is no record that the trial court entered written findings of fact and conclusions
of law after Kingsley’s bench trial. CrR 6.1(d) requires the trial court to enter written findings of
fact and conclusions of law at the conclusion of a bench trial. State v. Head, 136 Wash. 2d 619, 621-
22, 964 P.2d 1187 (1998). The failure to do so generally requires remand for entry of these written
findings and conclusions. Id. at 624. Therefore, we vacate Kingsley’s judgment and sentence,
and remand to the trial court for entry of written findings of fact and conclusions of law and for
resentencing.
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.
Lee, A.C.J.
We concur:
Worswick, J.
Cruser, J.
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