State Of Washington, V Lance J. Myhre

FILED
COURT OF
APPEAL S
DIVISION II
2015 MAR -
3 AM 8: 36
STA }_ u tiny
INGTON
BY
IN THE COURT OF APPEALS OF THE STATE OF WASHINGT
DIVISION II
STATE OF WASHINGTON, No. 46097 -1 - I1
Respondent,
v.
UNPUBLISHED OPINION
LANCE J. MYHRE,
Appellant.
MAxA, J. - Lance Myhre appeals his sentence for his conviction for possession of a
controlled substance. Myhre argues that the trial court exceeded its sentencing authority by
imposing two community custody conditions: that he undergo substance abuse evaluation and
treatment and that he refrain from consuming non -prescribed drugs. Myhre claims that these
conditions were improper because there was no evidence that substance abuse issues or use of
non -prescribed drugs contributed to the commission of the offense. The State concedes that the
trial court exceeded its authority by ordering these two community custody conditions. We
accept the State' s concessions and remand to the trial court to strike the community custody
conditions that Myhre undergo substance abuse evaluation and treatment and that he refrain from
consuming non -prescribed drugs.
46097 -1 - II
FACTS
A jury found Myhre guilty of possession of a controlled substance and he was sentenced
to 40 days in confinement and 12 months of community custody. There was no evidence or
finding at trial or at sentencing that substance abuse issues or use of non -prescribed drugs
contributed to Myhre' s commission of the offense. The trial court imposed several community
custody conditions, including ordering Myhre to undergo substance abuse evaluation and
treatment and not to consume non -prescribed drugs.
Myhre appeals his sentence.
ANALYSIS
A trial court sentencing a defendant to community custody has authority to impose
conditions of community custody. RCW 9. 94A.703. Such conditions include ( 1) requiring a
defendant to participate in crime -related treatment, RCW 9. 94A.703( 3)( c) 1, and ( 2) imposing
crime -related prohibitions. RCW 9. 94A. 703( 3)( f). A "[ c] rime- related prohibition" is one that
involves " conduct that directly relates to the circumstances of the crime for which the offender
has been convicted." RCW 9. 94A.030( 10).
We generally review the imposition of community custody conditions for an abuse of
discretion. State v. Sanchez Valencia, 169 Wash. 2d 782, 791 - 92, 239 P.3d 1059 ( 2010). An abuse
of discretion occurs when a trial court' s imposition of conditions is manifestly unreasonable. Id.
1 Myhre cites to RCW 9. 94A.607 regarding a trial court' s authority to impose substance abuse
treatment. However, this statute relates to the imposition of a sentencing condition under RCW
9. 94A.505, not the imposition of a community custody condition under RCW 9. 94A.703.
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46097- 1 - II
Here, the trial court ordered Myhre to undergo substance abuse evaluation and treatment
as a condition of community custody. Myhre argues, and the State concedes, that there was no
evidence or finding at trial or at sentencing that substance abuse played a role in Myhre' s
offense. In the absence of such evidence or finding, a trial court cannot require substance abuse
treatment under RCW 9. 94A.703( 3)( c). See State v. Warnock, 174 Wash. App. 608, 612, 299 P.3d
1173 ( 2013). Accordingly, we hold that the trial court abused its discretion in ordering Myhre to
undergo substance abuse evaluation and treatment.
The trial court also ordered Myhre to refrain from consuming non -prescribed drugs.
Myhre argues, and the State concedes, that there was no evidence or .finding at trial or at
sentencing that the use of non -prescribed drugs related to the circumstances of Myhre' s offense.
Therefore, this prohibition is not crime- related as required under RCW 9. 94A.703( 3)( f).
Accordingly, we hold that the trial court abused its discretion in ordering Myhre to refrain from
consuming non -prescribed drugs.
There was no evidence or finding that substance abuse or use of non -prescribed drugs
played any role in Myhre' s offense. As a result, we hold that the trial court abused its discretion
in imposing the challenged community custody conditions.
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46097 -1 - II
We remand to the trial court to strike the conditions that Myhre undergo substance abuse
evaluation and treatment and that he refrain from using non -prescribed drugs.
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.
We concur:
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