AGO Opinion Topics: SENTENCES

1.   By virtue of RCW 3.66.067, a criminal defendant whose imposition of sentence has been deferred may, after meeting such terms as the court may have established, apply to withdraw his or her plea and seek dismissal of the charges, and the court may for good cause grant such application; however, where sentence is imposed but its execution is suspended pursuant to RCW 3.66.068, the law does not authorize withdrawal of a guilty plea or dismissal of charges.  2.   Whether a criminal sentence is deferred pursuant to RCW 3.66.067, or imposed and suspended pursuant to RCW 3.66.068, courts lack authority to delete or expunge the record of conviction based on a defendant's fulfillment of conditions attached to the deferred or suspended sentence; RCW 10.97 defines these records as "conviction records" and requires that the record of conviction in either type of case be maintained and available to law enforcement agencies and others as defined therein.

A person under a sentence suspended pursuant to RCW 9.92.060 may receive final discharge and restoration to civil rights only from the governor in his exercise of the pardoning power.

The sentencing procedure for murder in the first degree set forth in RCW 9A.32.040(2) does not apply so as to permit a person to be sentenced to life imprisonment without the possibility of parole upon a plea of guilty to first degree murder with an aggravating circumstance.

Counties have the authority to define certain local offenses and to prescribe penalties for their commission including the imposition of specific costs.  Subject to certain limitations, a county may include as a cost a multiple booking fee imposed on persons convicted of such county offenses and sentenced to serve time in the county jail on intermittent days.  Such a multiple booking fee could offset the cost to the county of processing the individual in and out of jail.2.  A county does not have the authority to impose a multiple booking fee on individuals serving time in the county jail on intermittent days who have been convicted of violating a state statute.  The Legislature, rather than the county, specifies the punishment for state crimes including costs.

The sentencing justice of the peace may not preclude himself in advance from granting good behavior credits.