Washington v. Cates (Majority and Dissent)
Annotate this CasePetitioner Michael Cates was convicted by jury on two counts of first degree rape of a child, and two counts of first degree child molestation. He was given a standard-range sentence for each conviction, all to run concurrently, resulting in 25 years of total confinement. He was further sentenced to three years of community custody upon his release and prohibited from contacting the victim. The prosecutor proposed a community custody condition that would have prohibited Cates from possessing or maintaining access to a computer without explicit authorization from his community corrections officer (CCO). Instead of the prosecutor's recommended condition, the trial court entered a modified condition providing, "You must consent to [Department of Corrections] home visits to monitor your compliance with supervision. Home visits include access for the purposes of visual inspection of all areas of the residence in which you live or have exclusive/joint control/access, to also include computers which you have access to." The Court of Appeals affirmed Cates' convictions and sentence in an unpublished opinion. Cates petitioned for the Supreme Court's review only as to the validity of the community custody provision requiring him to consent to home visits. Cates argued this condition violated article I, section 7 of the Washington Constitution. After careful consideration of the trial court record and petitioner's arguments on appeal, the Supreme Court affirmed the Court of Appeals' holding that petitioner's challenge was not yet ripe for review.
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