State v. Greene, No. 40288
| Court | United States State Supreme Court of Washington |
| Writing for the Court | WEAVER; HUNTER, C.J., McGOVERN and HAMILTON, JJ., and JOHNSEN |
| Citation | 451 P.2d 926,75 Wn.2d 519 |
| Docket Number | No. 40288 |
| Decision Date | 13 March 1969 |
| Parties | The STATE of Washington, Respondent, v. Phillip Edward GREENE, Appellant. |
Page 519
v.
Phillip Edward GREENE, Appellant.
[451 P.2d 927] Jack A. Richey, Seattle, for appellant.
Charles O. Carroll, Pros. Atty., James B. Gorham, Deputy Pros. Atty., Seattle, for respondent.
WEAVER, Judge.
Defendant appeals from a judgment and sentence entered after the trial court had found him guilty of violating the Uniform Narcotic Drug Act, and a subsequent trial by jury had determined that he was an habitual criminal. Defendant was sentenced to life imprisonment, pursuant to RCW 9.92.090.
The principal thrust of defendant's appeal is that the trial court erred when it failed to suppress and admitted into evidence the nacotics found upon the person of defendant when he was searched at the time of his arrest. Defendant contends that his arrest was illegal because he
Page 520
was taken into custody without a warrant and the alleged commission of the misdemeanor did not occur in the presence of the arresting officer.August 28, 1967, at approximately 7:00 a.m., Mr. and Mrs. E. R. Warrick and a friend, Mr. Jack Howard, who lived in a residential neighborhood of Seattle, were preparing to leave for work in the Warrick automobile. Mr. Howard first saw defendant across the street inside the yard of a private home. Defendant 'ducked down and up' three times, jumped a fence, approached Mr. Howard, and asked for a match. He then asked Mr. Warrick for a match and attempted to enter the car. When he was refused a ride, defendant made a gesture at the two men with his finger as though he were shooting a pistol. When Mr. Warrick started to leave the car, defendant ran between two houses, down an alley, vaulted a 6-foot-fence, and was last seen running through a flower bed.
Defendant wore sunglasses, a short-sleeved shirt, and was dirty and barefoot.
A Seattle officer responded to Mrs. Warrick's telephone call to the police. After a 15-or-20-minute search of the neighborhood, the officer observed defendant appear from behind a large shrub and come into the street. He 'ran like a deer,' waving his arms and screaming continuously. He vaulted another fence, crossed private property, and collapsed when he reached an alley. As the officer approached, defendant said he had been shot 3 times in his right leg. When the officer started to handcuff him, defendant claimed his arm was broken. There was [451 P.2d 928]...
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State v. Johnson, Nos. 49128-3
...Since a habitual offender proceeding is properly viewed as part of the original felony case ( State v. Greene, 75 Wash.2d 519, 521, 451 P.2d 926 (1969)), we hold that it is subject to speedy sentencing To constitute a violation of the constitutional right to a speedy sentencing, delay must ......
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State v. Bonds, No. 48302-7
...a misdemeanor committed outside the presence of the officer, unless the officer has Page 10 a warrant. State v. Greene, 75 Wash.2d 519, 451 P.2d 926 (1969). This was the basis of our more recent decision in State ex rel. McDonald v. Whatcom County Dist. Ct., 92 Wash.2d 35, 593 P.2d 546 (197......
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State v. Starrish, No. 43505
...proceeding, does not create a new crime but prescribes increased punishment for recidivists. State v. Greene, 75 Wash.2d 519, 521, 451 P.2d 926 (1969); State v. Bryant, 73 Wash.2d 168, 173, 437 P.2d 393 (1968). In Greene at 521, 451 P.2d at 928, the court commented that an habitual criminal......
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State v. Melrose, No. 258--I
...of the peace or not, unless the misdemeanor is committed in the presence of the arresting officer. State v. Greene, 75 Wash.Dec.2d 533, 451 P.2d 926 (1969); City of Tacoma v. Harris, 73 Wash.2d 123, 436 P.2d 770 (1968); State v. Wilson, 70 Wash.2d 638, 424 P.2d 650 We need not consider whet......
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State v. Johnson, Nos. 49128-3
...Since a habitual offender proceeding is properly viewed as part of the original felony case ( State v. Greene, 75 Wash.2d 519, 521, 451 P.2d 926 (1969)), we hold that it is subject to speedy sentencing To constitute a violation of the constitutional right to a speedy sentencing, delay must ......
-
State v. Bonds, No. 48302-7
...a misdemeanor committed outside the presence of the officer, unless the officer has Page 10 a warrant. State v. Greene, 75 Wash.2d 519, 451 P.2d 926 (1969). This was the basis of our more recent decision in State ex rel. McDonald v. Whatcom County Dist. Ct., 92 Wash.2d 35, 593 P.2d 546 (197......
-
State v. Starrish, No. 43505
...proceeding, does not create a new crime but prescribes increased punishment for recidivists. State v. Greene, 75 Wash.2d 519, 521, 451 P.2d 926 (1969); State v. Bryant, 73 Wash.2d 168, 173, 437 P.2d 393 (1968). In Greene at 521, 451 P.2d at 928, the court commented that an habitual criminal......
-
State v. Melrose, No. 258--I
...of the peace or not, unless the misdemeanor is committed in the presence of the arresting officer. State v. Greene, 75 Wash.Dec.2d 533, 451 P.2d 926 (1969); City of Tacoma v. Harris, 73 Wash.2d 123, 436 P.2d 770 (1968); State v. Wilson, 70 Wash.2d 638, 424 P.2d 650 We need not consider whet......