State Of Washington, Respondent V. Franck Oyenga, Appellant
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Appellant, v. FRANCK OYENGA, Respondent. ) ) ) ) ) ) No. 67063-8-I ) FILED: January 30, 2012 DIVISION ONE UNPUBLISHED OPINION ) ) ) Per Curiam Franck Oyenga appeals from his conviction for one count of delivering cocaine. He contends and the State concedes that the trial court erred in imposing mental health treatment as a condition of community custody. A trial court may order a mental health evaluation and recommended treatment as a condition of community custody only if the court finds, based on a presentence report and any applicable mental status evaluations, that the offender suffers from a mental illness which influenced the crime. State v. Jones, 118 Wn.App. 199, 202, 76 P.3d 258 (2003). The State concedes there was no presentence report for the trial court to consider and the court did not make the requisite findings. We accept the concession and remand with directions to strike the mental health No. 67063-8-I/2 evaluation/treatment condition from Oyenga s sentence. State v. Lopez, 142 Wn. App. 341, 353-54, 174 P.3d 1216 (2007). Remanded. FOR THE COURT: 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
