SPOKANE, WA – A 37-year-old Lewis-Clark Valley man who was convicted of 2nd-Degree Assault With a Deadly Weapon in Asotin County Superior Court will be resentenced. Mathew Faulkner appealed his judgment of conviction and while the Washington State Court of Appeals Division III affirmed the conviction, the case was remanded back to Asotin County for resentencing. He was originally sentenced to 50 months’ incarceration following a bench trial on July 16, 2021.
In the summer of 2020, Faulkner and his partner were reportedly having a disagreement in the street when an individual drove by and pulled over to tell the couple to quiet down, according to court documents.
“Mr. Faulkner was angered and began yelling obscenities at [the man], who got out of his vehicle and told Mr. Faulkner to not yell at strangers. Mr. Faulkner approached [the man], reached into his pocket, then quickly flung his arm out. [The man] heard the “click of a knife blade” and saw Mr. Faulkner’s hand was “in a fist with his thumb upwards.” [He] did not actually see a knife…[and] quickly fled and called 911,” the documents say.
Officers arrived and Faulkner repeatedly put his hands in his pockets, violating officers’ instructions, and prompting them to handcuff him and frisk him for weapons. One of the officers recovered a knife from Faulkner’s pocket.
The State charged Faulkner with one count of assault in the second degree with a deadly weapon and one count of disorderly conduct. In support of the assault charge, the information stated “that on or about the 27th day of July 2020, in Asotin County, Washington, [Mathew Faulkner] assaulted [a man] with a deadly weapon.”
Faulkner’s case proceeded to a bench trial and the court heard testimony from [the man] and the officer who found the knife. The officer demonstrated how the knife seized from Faulkner could be opened with one hand through a spring action.
The court convicted Faulkner as charged.
Prior to sentencing, the State submitted a statement signed by Faulkner listing his criminal history, including crimes from other states.
“Based on the statement, the State calculated Mr. Faulkner’s offender score as six and the standard range as 45 to 55 months’ imprisonment, which included a 12-month deadly weapon enhancement. The State asked for an exceptional sentence of 67 months, along with a $500 crime victim penalty assessment and a $1,000 fine. The court rejected the exceptional sentence request and imposed 50 months’ incarceration. The court also lowered the fine to $750 and ordered Mr. Faulkner to pay community custody supervision fees as determined by the Department of Corrections,” court documents say.
In his appeal, Faulkner contended the State failed to present sufficient evidence to prove he possessed a knife under circumstances satisfying the deadly weapon element of his second degree assault conviction.
“The State disagrees, asserting that the evidence shows Mr. Faulkner attempted to use the knife by removing it from his pocket, holding it before him, and approaching [the man],” the documents say.
Faulkner also contended the Court erroneously included out-of-state convictions in his offender score without conducting a comparability analysis.
“The State argues Mr. Faulkner affirmatively acknowledged all of his prior convictions by signing the criminal history statement, thus no comparability assessment was required. The State is mistaken,” the Court of Appeals writes. “The State bears the burden of proving the existence of prior convictions used to determine a defendant’s sentencing range. State v. Mendoza, 165 Wn.2d 913, 920, 205 P.3d 113 (2009). When a defendant’s criminal history includes foreign convictions, they may qualify for inclusion in the offender score only if they meet a comparability analysis. RCW 9.94A.525(3). Defendants may waive the comparability requirement if they acknowledge both the existence and comparability of prior out-of-state convictions. State v. Ross, 152 Wn.2d 220, 230, 95 P.3d 1225 (2004).”
The Court of Appeals says many of Faulkner’s convictions were sustained outside of Washington.
“All Mr. Faulkner did was acknowledge the existence of his prior convictions. This was not enough to establish his offender score. Mr. Faulkner never agreed his foreign convictions were comparable to Washington crimes. And the court never conducted a comparability analysis. Given these circumstances, the State failed to meet its burden of establishing the applicable offender score,” the Court says, adding that due to this, remand for resentencing is therefore required.
Opinion: https://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=383938MAJ
