Volume 26 — Washington Appellate Reports

<bold>[1] Divorce and Dissolution — Child Support — Modification —</bold> <bold>Discretion of Court — Review.</bold> A trial court's discretionary decision whether to modify the child support provisions in a dissolution decree will be upheld on appeal unless the decision is clearly untenable or manifestly unreasonable. <bold>[2] Appeal and Error — Findings of Fact — Resort to Oral</bold> <bold>Findings.</bold> An appellate court may examine a trial court's oral opinion to aid in the interpretation of unclear findings of fact. <bold>[3] Divorce and Dissolution — Child Support — Considerations —</bold> <bold>Gratuities From Relatives.</bold> In determining a proper amount of child support, a court may consider a party's gifts and loans from relatives, not as income or resources, but as relating to the party's economic prospects.

<bold>[1] Criminal Law — Former Jeopardy — Discharge of Jury —</bold> <bold>Manifest Necessity — Length of Deliberations.</bold> In deciding whether manifest necessity exists to discharge a jury, declare a mistrial, and retry a criminal defendant, a trial court must consider more than merely the length of the jury's deliberations.

<bold>[1] Criminal Law — Weapon — Deadly Weapon — Prior Conviction —</bold> <bold>Due Process — Trial.</bold> A defendant is only entitled to full procedural due process protection for those matters enhancing a conviction which are a part of the criminal prosecution. Prior convictions upon which the parole board may rely in setting a minimum sentence under RCW <cross_reference>9.95.015</cross_reference> and .040 need not be charged in the information.<page_number>Page 487</page_number> <bold>[2] Criminal Law — Weapon — Deadly Weapon — Prior Conviction —</bold> <bold>Due Process — Parole Board.</bold> Due process requires that a defendant be permitted to examine, challenge, rebut, or explain those matters considered by the parole board when setting his mandatory minimum sentence. <bold>[3] Criminal Law — Weapon — Deadly Weapon — Prior Conviction —</bold> <bold>Due Process — Parole Board.</bold> A defendant being subjected to a mandatory minimum sentence proceeding before the parole board under RCW <cross_reference>9.95.040</cross_reference>(2) must be permitted to challenge the validity of alleged previous convictions. Proof of such convictions requires that the board be presented with at least certified copies of previous judgments and sentences. <bold>[4] Criminal Law — Weapon — Deadly Weapon — Prior Conviction —</bold> <bold>Plea of Guilty.</bold> A prior conviction of a defendant resulting from a guilty plea is presumed valid for purposes of its use by the parole board in fixing a mandatory minimum sentence under RCW <cross_reference>9.95.040</cross_reference>(2). Use of such a conviction may be challenged by collaterally attacking it in the court where entered or by filing a personal restraint petition under RAP 16.3 <italic>et seq.</italic>