State of Washington v. Cameron Anthony Schuoler

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON,
Respondent,
v.
CAMERON ANTHONY SCHUOLER,
Appellant.
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No. 38741-1-III
UNPUBLISHED OPINION
PENNELL, J. — Cameron Schuoler appeals his sentence for felony violation of a
no-contact order. We affirm.
FACTS
A jury convicted Cameron Schuoler of felony violation of a no-contact order,
domestic violence. At sentencing the court determined Mr. Schuoler’s offender score was
five, based on five prior convictions, and sentenced him to 33 months of confinement.
One of the prior convictions that formed the basis of the offender score was a 2012
conviction for misdemeanor assault, domestic violence.
Mr. Schuoler appealed his judgment and sentence, arguing the 2012 conviction
should not have been included in his offender score because the State failed to show
FILED
MARCH 16, 2023
In the Office of the Clerk of Court
WA State Court of Appeals, Division III

No. 38741-1-III
State v. Schuoler
2
domestic violence had been pleaded and proved. In a previous decision, this court agreed,
concluding the State’s production of a judgment and sentence form showed only that
domestic violence was proved, not pleaded. State v. Schuoler, No. 37430-1-III, slip op.
at 5 (Wash. Ct. App. Aug. 24, 2021) (unpublished), https://www.courts.wa.gov/opinions/
pdf/374301_unp.pdf. We then remanded for resentencing. Id.
At resentencing, the State produced the judgment and sentence form for the
2012 conviction as well as the citation and notice to appear that law enforcement had
issued to Mr. Schuoler. The citation included a certificate of probable cause, detailing
Mr. Schuoler’s alleged offense and his relationship to the victim. The trial court reinstated
Mr. Schuoler’s 33-month sentence.
Mr. Schuoler again appeals his judgment and sentence.
ANALYSIS
Mr. Schuoler claims the evidence produced at his resentencing hearing was
insufficient to establish that his 2012 conviction qualified for inclusion in his offender
score on the basis that domestic violence had been both pleaded and proved. Our review
of this issue is de novo. State v. Rodriguez, 183 Wn. App. 947, 953, 335 P.3d 448 (2014).
Misdemeanor offenses typically are not included in an individual’s offender score.
But if the current conviction is a felony domestic violence offense, prior misdemeanor

No. 38741-1-III
State v. Schuoler
3
convictions of domestic violence may be included, so long as “domestic violence as
defined in RCW 9.94A.030, was pleaded and prove[d].” RCW 9.94A.525(21)(d).
Domestic violence is pleaded when a valid charging instrument alleges assault of
one intimate partner 1 by another. RCW 10.99.020(4)(i)-(iv). So long as domestic violence
is alleged, there is no requirement the assault statute forming the basis of the charge be
specific to domestic violence. See id.
The 2012 citation adequately alleged a domestic violence offense. The citation
referenced Kennewick Municipal Code 10.02.010. Although this is a general assault
provision, the citation specified Mr. Schuoler’s offense was “DV,” meaning domestic
violence. Clerk’s Papers at 30, 34. Furthermore, as contemplated by CrRLJ 2.1(b)(4),
the citation incorporated 2 a certificate of probable cause. According to the certificate,
Mr. Schuoler hit his live-in girlfriend in the face, causing bruising. This was sufficient to
allege an assault against an intimate partner.
1 Under RCW 7.105.010(20), an “intimate partner” is a current or former spouse
or domestic partner, someone with whom one shares a child (conceived consensually),
or a romantic partner if both persons have reached age thirteen.
2 Unlike an information, a citation must include a certificate of probable cause as
part of the citation. Compare CrRLJ 2.1(b)(4) with CrR 2.1. Thus, while the sufficiency
of an information may not be assessed by referencing an attached certificate of probable
cause, see, e.g., State v. Pry, 194 Wn.2d 745, 761-62, 452 P.3d 536 (2019), the same is
not true of a citation.

No. 38741-1-III
State v. Schuoler
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The State has produced sufficient evidence that the 2012 citation pleaded a
domestic violence offense. As we held in our prior decision, the State has also established
that domestic violence was proved. The sentencing court therefore properly included this
conviction in Mr. Schuoler’s offender score.
CONCLUSION
The judgment and sentence is affirmed.
A majority of the panel has determined this opinion will not be printed in
the Washington Appellate Reports, but it will be filed for public record pursuant
to RCW 2.06.040.
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Pennell, J.
WE CONCUR:
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Siddoway, C.J.
______________________________
Fearing, J.