Circle v. Colville Confederated Tribes
Mar 29, 2011OUTCOME: Reversed and Remanded
The Appellant entered a guilty plea to Battery with a Domestic Violence enhancement on January 14, 2011. Both the Appellant and the Appellee joined in a recommendation that Appellant receive credit for ... five (5) days already served as part of the sentence. The Trial Court entered an Order on January 14, 2011 stating credit for time served is not permitted in domestic violence cases. The Court did not enter findings and legal conclusions for this Order. The ruling was timely appealed. After a review of the record and applicable law we find Appellant's equal protection rights were violated by the Trial Court's ruling. We found further, that as a guideline, the Trial Court should refer to Washington RCW § 9.94A.505(6) as guidance when addressing credit for time served issues.
