FILED COURT OF APPEALS DIV I STATE OF WASHINGTON
7011 JUL 31 11;1 9: 41
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
THE STATE OF WASHINGTON, ) No. 74356-2-1 ) Respondent, ) ) DIVISION ONE v. ) ) UNPUBLISHED OPINION MARTIN AMAYA-ONTIVEROS, ) ) Appellant. ) FILED: July 31, 2017 )
MANN, J. - Martin Amaya-Ontiveros appeals his conviction on two counts of third
degree child rape and two counts of third degree child molestation. Amaya-Ontiveros
argues that his right to be free from double jeopardy was violated, that the court abused
its discretion in imposing several community custody conditions, and that the court erred
in requiring Amaya-Ontiveros to obtain a court order before ending his duty to register
as a sex offender. We affirm Amaya-Ontiveros's conviction but remand for corrections
to his judgment and sentence.
FACTS
In 2013, A.A.E., a 14-year-old boy, lived with his parents in a two-bedroom
apartment. In late 2013, A.A.E.'s father rented the apartment's second bedroom to an No. 74356-2 -1/2
acquaintance, Martin Amaya-Ontiveros. A.A.E began sleeping in his parents' bedroom
and Amaya-Ontiveros slept in the second bedroom.
A.A.E.'s parents worked long hours. Amaya-Ontiveros also worked during the
day, but kept a different schedule than A.A.E.'s parents, including one day off per week.
Amaya-Ontiveros and A.A.E. were often alone in the apartment. For the first few
months after Amaya-Ontiveros moved into the apartment, he had little interaction with
A.A.E.
In October 2014, A.A.E., then fifteen, was lying on the sofa watching movies, in
running shorts. Amaya-Ontiveros sat down next to A.A.E., moved A.A.E.'s bare legs
over his lap, and began touching them. Amaya-Ontiveros then slid his hand up A.A.E.'s
shorts and began touching A.A.E.'s penis. The touching continued, until apparently
satisfied, Amaya-Ontiveros got up and went to his room, acting like nothing had
happened. A.A.E. did not tell his parents because "I was like, basically, feeling like I
had no control to say anything, and I couldn't really think clearly, and it was just like a
confusion in my head."
Between October and December 2014, Amaya-Ontiveros sexually abused A.A.E.
multiple times. Amaya-Ontiveros twice pulled A.A.E. into the apartment's hallway, knelt,
touched A.A.E.'s body, and sucked on A.A.E.'s penis. Not long after, A.A.E. was in the
kitchen one day and Amaya-Ontiveros came in, sat A.A.E. on the counter, draped
A.A.E.'s legs over his shoulders, and fondled A.A.E.'s penis. During another event,
Amaya-Ontiveros's pulled A.A.E. into his bedroom and bent A.A.E. over with his
stomach on the bed and Amaya-Ontiveros rubbed his bare stomach against A.A.E.'s
bare back. A.A.E. could feel Amaya-Ontiveros had an erection. Then Amaya-Ontiveros
No. 74356-2 -1/3
rolled A.A.E. over onto his back and sucked his penis. This happened three or four
times. On two occasions, Amaya-Ontiveros also took A.A.E. into the hallway,
masturbated himself until he ejaculated onto A.A.E.'s penis. Amaya-Ontiveros did this
same activity once in the bedroom. The last time Amaya-Ontiveros touched A.A.E. was
in Amaya-Ontiveros's bedroom. Amaya-Ontiveros placed A.A.E. on the bed, placed
A.A.E.'s legs over his