State v. Nguyen
| Decision Date | 21 October 2019 |
| Docket Number | No. 77604-5-I,77604-5-I |
| Citation | 450 P.3d 630 |
| Court | Washington Court of Appeals |
| Parties | STATE of Washington, Respondent, v. Thanh Pham NGUYEN, Appellant. |
Washington Appellate Project, 1511 Third Avenue, Suite 610, Seattle, WA, 98101, Richard Wayne Lechich, Washington Appellate Project, 1511 3rd Ave. Ste. 610, Seattle, WA, 98101-1683, for Appellants.
Prosecuting Atty. King County, King Co. Pros./App. Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA, 98104, Dennis John McCurdy, King County Prosecutor's Office, 516 3rd Ave. Ste. W554, Seattle, WA, 98104-2362, for Respondents.
PUBLISHED OPINION
¶1 Thanh Nguyen appeals his conviction for two counts of felony violation of a court order and felony stalking. Nguyen contends that his stalking conviction abridges his freedom of speech, that the trial court erred by denying his motion to sever the offenses, not accepting his request to stipulate to predicate convictions, allowing testimony about a residential burglary conviction, and not redacting the warning provisions on the no-contact orders. Nguyen also challenges the imposition of a $100 deoxyribonucleic acid (DNA) collection fee.
¶2 We remand to strike the $100 DNA fee and affirm on all other grounds.
¶3 Shortly after Lisa Stinson and Nguyen began dating in 2013, Nguyen began abusing Stinson. Stinson became pregnant and their child K.N. was born in October 2015. After several incidents of domestic violence, the court issued no-contact orders in 2016.
¶4 In November 2016, Nguyen was convicted of residential burglary related to kicking in the front door of Stinson’s house and the court issued new no-contact orders protecting Stinson and K.N.
¶5 On December 17, 2016, Nguyen threatened to come to Stinson’s house saying "I need a fucking answer dude," "your playing with me," "im coming over," and "right now!! on the way." Shortly after receiving these text messages, Stinson heard a knock at the door, followed by another text message saying "come out." Stinson called 911 to report Nguyen. K.N. was in the house when Stinson heard the knock on the door.
¶6 Between December 17 to 25, 2016, Nguyen continued to send text messages to Stinson. On December 24th, Nguyen sent 24 text messages to Stinson containing the following message:
¶7 On December 25th, Nguyen sent 10 text messages to Stinson containing the following message:
Stinson called 911 on December 25th.
¶8 On December 28th, Nguyen sent another 28 text messages to Stinson including a photo of a torn anniversary card:
Stinson did not answer these text messages and again called 911. Responding officers found Stinson visibly upset.
¶9 Nguyen continued calling and sending text messages, sending 21 messages on December 29th and 34 messages on December 30th. On December 29th, Nguyen sent the following text messages:
¶10 On December 30th, Nguyen asked to bring his other daughter over to visit K.N. for an hour.
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