Public-domain · open source
OpenJurist

3 Wash. App. 638

State v. Edwards

Court of Appeals of Washington

Decided November 18, 1970

Court of Appeals of Washington · decided 1970-11-18

Cited by 2 later decisions — most recently June 1984

2 state decisions

Key passage — most relied on by later courts

“In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law.”

quoted by 1 later decision, including State v. Twogood

Relies on 70 Wash. 2d 626 - State v. Wilks · 61 Wash. 2d 81 - State v. Helsel · 35 Wash. 2d 574 - City of Seattle v. Silverman

Good law ✅— No negative treatment on recordhow we know

Decided 1970-11-18

View the full empirical analysis of this case →

Per Curiam.

¶1Following a nonjury trial, the trial court found defendant guilty of unlawful possession of a narcotic drug, to wit, heroin, and entered judgment and sentence thereon. Defendant appeals.

¶2The record discloses that neither findings of fact nor conclusions of law were entered, as required by CR 52(a), which provides:

In all actions tried upon the facts without a jury . . . the court shall find the facts specially and state separately its conclusions of law. Judgment shall be entered pursuant to Rule 58 and may be entered at the same time as the entry of the findings of fact and the conclusions of law.

¶3CR 52 applies to criminal as well as civil cases. State v. Wilks, 70 Wn.2d 626, 424 P.2d 663 (1967).

¶4CR 52 (d) provides:

A judgment entered in a case tried to the court where findings are required, without findings of fact having *639been made, is subject to a motion to vacate within the time for the taking of an appeal. After vacation, the judgment shall not be reentered until findings are entered pursuant to this rule.

¶5As stated in State v. Wood, 68 Wn.2d 303, 412 P.2d 779 (1966):

It is the duty of the attorneys to see that a proper judgment and sentence is entered. The findings of fact and conclusions of law may be submitted any time while the appeal is pending. See Rule of Pleading, Practice and Procedure 60, RCW vol. 0. This was not done. We are required to remand the case for the entry of findings of fact and conclusions of law. State v. Helsel, 61 Wn.2d 81, 377 P.2d 408 (1962); and Seattle v. Silverman, 35 Wn.2d 574, 214 P.2d 180 (1950).

¶6Judgment is vacated and the case is remanded for entry of findings of fact and conclusions of law, with proper judgment and sentence.

/3/washapp/638 · .json · Public domain