Washington v. Bruch (Majority, Concurrence and Dissent)
Annotate this CaseMatthew Bruch was convicted of two counts of second degree child molestation and two counts of third degree rape of a child. The trial court imposed a standard range sentence of 116 months of confinement and ordered community custody for a period of "at least 4 months, plus all accrued earned early release time at the time of release." Bruch appealed his sentence, arguing that the court-imposed term of community custody was indeterminate and may exceed the statutory requirement of three years of community custody required under RCW 9.94A.701(1). The Court of Appeals rejected Bruch's challenge, as did the Supreme Court: (1) the total sentence did not exceed the applicable statutory maximum, consistent with RCW 9.94A.701(9); . there was no need for the trial court to amend Bruch's sentence to limit community custody to a maximum of three years, "[t]he statutes must be read together to assure that the trial court's intended sentence-a total term of 120 months-is not undermined by giving effect to the DOC's authority to transfer earned early release into community custody."
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