State v. Coucil

Summary

The Washington Supreme Court held that bail jumping is classified for sentencing purposes according to the classification of the offense pending against the defendant when the defendant fails to appear. Because Coucil was charged with a class C felony at the time he failed to appear, his bail jumping conviction was properly classified as a class C felony despite his later misdemeanor harassment conviction.

Holdings

1. Under RCW 9A.76.170(3), the penalty classification for bail jumping is based on the classification of the offense pending against the defendant when the defendant fails to appear, not on the underlying offense's ultimate disposition.
2. RCW 9A.76.170(3) is not ambiguous on the relevant issue, so the rule of lenity does not require classification of Coucil's bail jumping as a misdemeanor.

Questions Presented

1. Whether RCW 9A.76.170(3) classifies bail jumping according to the classification of the underlying offense at the time the defendant fails to appear or according to the offense's ultimate disposition or status at sentencing.
2. Whether the statute is ambiguous and therefore subject to the rule of lenity.

Disposition

affirmed