State v. Willis
| Citation | 153 Wash.2d 366,153 Wn.2d 366,103 P.3d 1213 |
| Decision Date | 06 January 2005 |
| Docket Number | No. 74561-7.,74561-7. |
| Court | United States State Supreme Court of Washington |
| Parties | STATE of Washington, Respondent, v. Bilal Haneff WILLIS, Petitioner. |
Thomas Edward Doyle, Hansville, Patricia Anne Pethick, Tacoma, for Petitioner.
Steven Curtis Sherman, Thurston County Pros. Office, Olympia, for Respondent.
Bilal Willis challenges the Court of Appeals decision affirming application of firearm enhancements to his sentences for burglary and theft. Willis contends that the jury was improperly instructed on the elements necessary to establish that he was "armed with a deadly weapon." RCW 9.94A.602. Alternatively, Willis contends there is insufficient evidence to support the jury's verdict on the firearm enhancements. We conclude that the jury was properly instructed and that the evidence is sufficient to establish the required nexus between Willis, the crimes, and the weapon in this case. Therefore, Willis was correctly subject to the firearm enhancements, and we affirm the Court of Appeals.
On the evening of March 22, 2002, Rhonda Hicks and Lee Messer (Hicks' boyfriend) heard a loud breaking noise from the apartment below theirs, occupied by Teshone Preacely. When Hicks looked out her window, she saw a young woman standing near Preacely's apartment who appeared to be keeping watch. Hicks and Messer heard the young woman call to someone and then saw a man coming out of Preacely's apartment. The man was carrying what appeared to be electronic equipment. The man and the woman walked toward a gold Oldsmobile. Hicks testified that another man wearing a yellow jacket got out of the car and that the three put the items from the apartment into the trunk. Hicks thought that there was one more person in the car. Messer testified that two men got out of the car.
Hicks called the police and gave a description of the car and its license plate number. Messer went downstairs and saw Preacely's apartment door shattered. At trial Preacely testified that a DVD (digital video disk) player, a PlayStation 1, a Nintendo 64, and several games were stolen from his apartment.
Later that evening, police officers stopped the car Hicks and Messer had described. Willis, Debbie Gaiter, Kelvin Wilson, and Alicia-Renee Ford were in the car. Willis was the driver. Hicks and Messer were taken to a local parking lot where Hicks identified the vehicle, the young woman, and the man with a yellow jacket. The police officers detained the four and searched the car. They found a box of .32 caliber ammunition on the right rear floorboard as well as a gun holster and a loaded handgun underneath the backseat.
At trial, Gaiter admitted that she went to Preacely's apartment in a gold Oldsmobile on March 22, 2002, along with Willis, "DV," and "CK." She testified that Willis kicked in the apartment door and that Willis, "DV," and "CK" went inside the apartment. According to Gaiter, when the three came out, Willis was carrying a game system. After that, they stopped at Willis's sister's house for a while. After they left the house, one man got out of the car. Shortly thereafter, the police pulled the car over. Gaiter said that Willis took the handgun from under his seat and handed it to Ford when the police pulled the car over. Ford then passed it to Gaiter, who put it under the backseat.
Willis admitted that he had gone to Preacely's apartment with Gaiter, Wilson, and a man named "Devious" on March 22, 2002. However, he denied his involvement in the burglary. Willis stated that he remained in the car while Gaiter, Wilson, and "Devious" walked to the apartment. According to Willis, the three came back in a hurry and only "Devious" was carrying something. "Devious" ordered Willis to drive. Willis stated that "Devious" got out of the car, taking some of the items before Willis stopped at his sister's place. As to the handgun, Willis admitted that he handled it in the car on his way to Preacely's apartment. However, he insisted that the gun belonged to "Devious."
When the police officers searched Willis's sister's house, they found a box of .380 caliber bullets, a box of .32 caliber bullets, and a handgun instruction manual for the same type of firearm as the one found in the car. They also found a Nintendo 64 and some games.
Willis was charged with burglary in the first degree, theft in the second degree, and unlawful possession of a firearm. The State also alleged that Willis was armed with a deadly weapon. By special verdict, the jury found Willis guilty on all counts and found that he was armed with a firearm at the time of the commission of the burglary and the theft.
Willis appealed raising several issues, including a claim that the jury instruction regarding the firearm enhancements was improper because it failed to inform the jury that it must find a nexus between the defendant, the crime, and the firearm. In the alternative, Willis argued that the evidence is insufficient to support the special verdict.
In an unpublished opinion, the Court of Appeals affirmed Willis's convictions and firearm enhancements, rejecting all of his arguments. State v. Willis, noted at 118 Wash.App. 1026, 2003 WL 22039921 (2003). With regard to the firearm enhancements, the court held that the jury instruction sufficiently conveyed the nexus requirement. The court also held that there is sufficient evidence to support the special verdict.
We granted review only on issues relating to the firearm enhancements.
Willis first argues that the jury instruction regarding the firearm enhancements is improper because it failed to inform the jury that it must find a nexus between the defendant, the crime, and the firearm.
Alleged errors of law in jury instructions are reviewed de novo. Blaney v. Int'l Ass'n of Machinists & Aerospace Workers, Dist. No. 160, 151 Wash.2d 203, 210, 87 P.3d 757 (2004). Jury instructions are proper when they permit the parties to argue their theories of the case, do not mislead the jury, and properly inform the jury of the applicable law. Id.
The trial court's jury instruction 29 states in pertinent part:
[T]he State must prove beyond a reasonable doubt that the defendant was armed with a deadly weapon at the time of the commission of the crimes charged in count one ... and/or count three.[1] A pistol, revolver or any other firearm is a [deadly weapon] whether loaded or unloaded.
Verbatim Report of Proceedings at 148. The trial court later supplemented this instruction, adding that "armed" means "[a firearm was] readily available for offensive or defensive purposes." Clerk's Papers at 51.
RCW 9.94A.602 authorizes a special allegation when a defendant is armed during the commission of a crime. It provides in pertinent part:
RCW 9.94A.602. An affirmative finding on the special verdict results in an increase of the defendant's sentence pursuant to RCW 9.94A.510(3).
The test for determining when a defendant is "armed" was set out by this court in State v. Valdobinos, 122 Wash.2d 270, 282, 858 P.2d 199 (1993). In Valdobinos, the police found cocaine and an unloaded rifle under a bed in the defendant's home while searching for evidence of delivery and possession of cocaine. Id. at 273, 282, 858 P.2d 199. Following trial, the defendant was convicted of delivery of cocaine while armed with a deadly weapon. Id. at 274, 858 P.2d 199. On review, we held that a person is "armed" for the purpose of a deadly weapon enhancement if a weapon is easily accessible and readily available for use, either for offensive or defensive purposes. Id. at 282, 858 P.2d 199. We determined that evidence of an unloaded rifle under the bed, without more, was insufficient to show that the defendant was "armed" for the purpose of a deadly weapon enhancement, and invalidated the portion of the defendant's sentence based on the enhancement. Id.
Subsequent cases have reaffirmed the holding in Valdobinos that the mere presence of a deadly weapon at the crime scene is insufficient to show that the defendant is "armed." The Court of Appeals refined the analysis, requiring that there be a nexus between the defendant, the crime, and the weapon. In State v. Mills, 80 Wash.App. 231, 233, 907 P.2d 316 (1995), the police arrested the defendant outside his home for possession of methamphetamine and found a motel key while searching his car. After obtaining a warrant, the police searched the motel room to which the key belonged and found a gun along with narcotics. Id. The defendant was convicted and the court added a deadly weapon enhancement to his sentence. Id. The Court of Appeals reversed the deadly weapon enhancement, holding that the evidence must establish a nexus between the defendant and the deadly weapon in order to find that the defendant is "armed" for the purpose of a deadly weapon enhancement. Id. at 236-37, 907 P.2d 316.
Similarly, in State v. Johnson, 94 Wash.App. 882, 886-87, 974 P.2d 855 (1999), the Court of Appeals held that the State must prove a nexus between the defendant, the crime, and the weapon. In Johnson, when conducting a search of defendant's apartment the police found the defendant in bed in the bedroom, half asleep. Id. at 888, 974 P.2d 855. The police discovered heroin and arrested the defendant. Id. at 887, 974 P.2d 855. Later, in response to questioning, the defendant told officers there was a gun in a coffee table drawer....
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