Prosecutors Desk 12-30-2012


Mr. Roy Anthony Welch was found guilty of Theft in the 1st Degree (with aggravating circumstances) following Jury Trial on 10/14/2009. The crime involved an ongoing scheme of check fraud and forgery, occurring between 2/1/06 until at least 1/29/07. Deputy Prosecutor Matt Enzler represented the State and Mr. Douglas Phelps of Spokane represented Mr. Welch.

Sentencing occurred on November 18, 2009. Mr. Welch was sentenced to 60 months (5 years) on the Theft charge, and 6 months on each of the forgery charges, all counts to run concurrently. At this same hearing, the Defendant was granted an order postponing the start of his prison sentence and setting an appeal bond in the amount of $50,000. This bond was posted. This appeal bond had to be renewed through the bonding company annually. A total of three appeal bonds were purchased by the defendant.

On May 12, 2011, the Court of Appeals, Div. III, issued an unpublished written opinion in this matter, upholding the convictions and denying defendant a new trial. Then the defendant sought discretionary review at the Supreme Court of Washington. The Supreme Court of Washington issued an Order on November 2, 2011 deferring the decision on whether or not review should be granted. This decision was because another case with a similar issue was being decided.

In November of 2012, the Supreme Court decision not to review the Judgment became finalized with all appeal remedies being exhausted. The State noted a hearing for the surrender of Mr. Welch and Imposition of Sentence for December 18, 2012.

On December 18, 2012, Mr. Welch with his attorney Douglas Phelps appeared in Court. Mr. Phelps requested the court consider arguments for reconsideration of the sentence. The Court denied the request for reconsideration, and ordered the Defendant be taken into immediate custody to serve out his sentence as ordered in the 2009 judgment and sentence.

This case is finally over. The judgment has been upheld at the highest court. There maybe other challenges that will be raised, but more than 3 years after a jury verdict was handed down, the defendant is finally held accountable for what he did.

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