State v. Ibarra-Erives

• Decision Date: 19 September 2022
• Docket Number: 82889-4-I
• Citation: 516 P.3d 1246
• Parties: STATE of Washington, Respondent, v. IBARRA-ERIVES, Jesus H., DOB: XX/XX/XXXX, Appellant.
• Court: Washington Court of Appeals

516 P.3d 1246

STATE of Washington, Respondent,
v.
IBARRA-ERIVES, Jesus H., DOB: XX/XX/XXXX, Appellant.

No. 82889-4-I

Court of Appeals of Washington, Division 1.

Filed September 19, 2022

Nancy P. Collins, Washington Appellate Project, 1511 3rd Ave., Ste. 610, Seattle, WA, 98101-3647, for Appellant.

Nathaniel Sugg, Snohomish County Prosecutor's Office, 3000 Rockefeller Ave., Everett, WA, 98201-4046, for Respondent.

PUBLISHED OPINION

Bowman, J.

¶1 Jesus H. Ibarra-Erives¹ appeals his conviction for possession of a controlled substance with intent to deliver. He argues insufficient evidence supports the jury's conclusion that he constructively possessed illegal drugs. Alternatively, he claims the trial court improperly dismissed a potential juror for cause and the prosecutor engaged in race-based misconduct. He also argues the trial court erroneously imposed supervision fees. We conclude sufficient evidence supports the jury's verdict that Ibarra-Erives possessed controlled substances with intent to deliver. But we reverse his conviction on prosecutorial misconduct grounds and remand.

FACTS

¶2 In June 2018, the Snohomish Regional Drug Task Force executed a search warrant to recover drugs and related evidence in an apartment rented to a man named Javier Romo Meza. Armed officers wearing tactical

516 P.3d 1249

vests and helmets descended on the apartment. Using a "soft ... ruse-type knock" and saying she was "management," a detective persuaded Ibarra-Erives to open the door. Officers then "pulled him out onto the front landing" and arrested him.

¶3 Inside the apartment, officers found one locked, unoccupied bedroom they believed belonged to Romo Meza. The locked bedroom contained no contraband. But on the kitchen counter, police found white powder later determined to be methamphetamine.

¶4 In a second unlocked bedroom that police labeled as "KK" for evidentiary purposes, they found a man identified as Isaias Leon Reynaga. On the closet shelf in that room, officers discovered a backpack. The backpack contained seven one-ounce "bindles" of methamphetamine and five bindles of heroin that would have sold for close to $8,000 on the street. The backpack did not contain any information identifying its owner. On the shelf next to the backpack, police found a digital scale and a box of plastic sandwich bags.

¶5 After questioning Leon Reynaga, police determined he did not have any ties to the apartment other than as a momentary visitor. Ibarra-Erives, on the other hand, admitted that he "temporarily" lived at the apartment. He told police he sometimes slept on the couch and sometimes on the pile of blankets officers observed in bedroom KK where they found the backpack.² Ibarra-Erives said the prescription medication and clothes found on the floor of the bedroom were his. But he denied owning the backpack. When police searched Ibarra-Erives’ pockets, they found a broken glass pipe used for smoking methamphetamine that had white residue and burn marks on it. He also had $591 in cash in his wallet.

¶6 The State charged Ibarra-Erives with unlawful possession of a controlled substance with intent to manufacture or deliver. At trial, Ibarra-Erives, who is Latinx, used a Spanish interpreter. During the State's case in chief, the prosecutor questioned the lead detective about the amount of drugs found in the backpack in room KK. The detective testified that each "bindle" of methamphetamine weighed 28 grams, or 1 ounce. He then described the bindles of heroin, which each weighed 24.6 grams. He explained that for heroin, "25 grams is considered an ounce." When asked why, the detective responded, "I don't know what the answer is to why, but the term on the street is it's a Mexican ounce across the board, regardless of who is selling or buying 25 grams of a Mexican ounce." Then in his closing argument to the jury, the prosecutor twice emphasized that each bindle of heroin had been packaged as a "Mexican ounce."

¶7 The jury convicted Ibarra-Erives as charged and the court imposed a standard-range sentence of 16 months. Ibarra-Erives appeals.

ANALYSIS

¶8 Ibarra-Erives argues insufficient evidence supports the jury's determination that he constructively possessed a controlled substance. Alternatively, he seeks a new trial, alleging the prosecutor committed race-based misconduct by using the term "Mexican ounce" to explain how the heroin was packaged. According to Ibarra-Erives, the prosecutor's remarks suggested that a Latinx person likely packed or possessed the drugs. Ibarra-Erives also asserts error during jury selection warrants a new trial and the trial court erred by imposing discretionary supervision fees.

Sufficiency of the Evidence

¶9 Ibarra-Erives contends the State proved only his mere...