The State of Washington v. Isidro Sanchez Valencia

Summary

The Washington Supreme Court held that a preenforcement vagueness challenge to a community custody condition barring possession of 'any paraphernalia' usable for controlled substances was ripe for direct appellate review, disapproving State v. Motter to the extent of conflict. Rejecting a presumption of constitutionality for sentencing conditions, the court applied abuse of discretion review and held the condition void for vagueness under the Fourteenth Amendment and article I, section 3 because it fails to give fair notice and invites arbitrary enforcement. The court reversed the Court of Appeals, struck the condition, and remanded for resentencing. Judge J.M. Johnson concurred, agreeing the condition was vague but observing that the sentencing court could cure the defect on remand by prohibiting 'drug paraphernalia' as defined in the Uniform Controlled Substances Act.