Filed
Washington State
Court of Appeals
Division Two
September 15, 2015
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 46399-7-II
Respondent,
v.
BECKIE L. COREY, UNPUBLISHED OPINION
Appellant.
WORSWICK, J. — Beckie L. Corey appeals her sentence for possession of
methamphetamine, arguing that the trial court erred in imposing community custody conditions
requiring her to undergo a chemical dependency evaluation and complete any recommended
treatment. We reverse the challenged community custody conditions and remand for the trial
court to strike the chemical dependency evaluation and treatment requirement.1
FACTS
A jury found Corey guilty of possession of methamphetamine. As a community custody
condition, the trial court ordered Corey to undergo a chemical dependency evaluation and to
1
A commissioner of this court initially considered this appeal as a motion on the merits
under RAP 18.14 and then transferred it to a panel of judges.
No. 46399-7-II
complete any recommended treatment. However, the trial court did not make a finding that
Corey has a chemical dependency that contributed to the crime.
ANALYSIS
Corey appeals her sentence, arguing that the trial court lacked authority to order her to
undergo a chemical dependency evaluation or undergo recommended treatment absent a finding
that she has a chemical dependency that contributed to her crime.
RCW 9.94A.607(1) provides:
Where the court finds that the offender has a chemical dependency that has
contributed to his or her offense, the court may, as a condition of the sentence and
subject to available resources, order the offender to participate in rehabilitative
programs or otherwise to perform affirmative conduct reasonably related to the
circumstances of the crime for which the offender has been convicted and
reasonably necessary or beneficial to the offender and the community in
rehabilitating the offender.
Although the State initially argues that the trial court could require a chemical
dependency evaluation as part of the community custody restriction that Corey refrain from
possessing or consuming controlled substances, RCW 9.94A.703(2)(c), it ultimately concedes
that the trial court erred in imposing this chemical dependency requirement and asks us to
remand to the trial court to strike this condition.
In light of the clear language of RCW 9.94A.607(1), we accept the State’s concession,
reverse the challenged community custody conditions, and remand for the trial court to strike the
chemical dependency evaluation and treatment requirement. State v. Warnock, 174 Wn. App.
2
No. 46399-7-II
608, 612, 299 P.3d 1173 (2013) (“If the court fails to make the required finding, it lacks statutory
authority to impose the condition.”).
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.
Worswick, J.
We concur:
Bjorgen, A.C.J.
Maxa, J.
3
State Of Washington, V Beckie L. Corey
Combined Opinion