State Of Washington, V. Christopher James Dreyer
81326-9
| Wash. Ct. App. | Aug 2, 2021Background
- Owners John Block and Jess Kenoyer discovered Dreyer inside their vacant Bellingham home after a split back-door jamb; utilities and appliances were being used and the kitchen showed recent cooking.
- Dreyer told the owner he was "hired to fix up the place" by a person named Sorenson; neither owner had given permission to anyone.
- Items indicating habitation and multiple occupants were found (toothbrushes, bedding in bedroom and garage, food and bottles); Dreyer had a pry bar and new doorknobs (in packaging) in a backpack; a fingerprint on an empty bottle matched Dreyer.
- Witnesses saw another unidentified man at or near the property; one witness observed that man follow Dreyer into nearby woods after Dreyer fled when confronted.
- Dreyer denied being inside and claimed trespass or belief he had permission; he was charged with residential burglary, the trial court gave accomplice-liability instructions, the jury convicted, and Dreyer appealed.
- The Court of Appeals affirmed the conviction (finding sufficient evidence to support accomplice instruction) and remanded for resentencing under State v. Blake (which the State conceded was required).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported giving an accomplice-liability instruction | Evidence showed Dreyer aided/agreed to aid another: forcible entry, use of utilities, pry bar, doorknobs in backpack, signs of multiple occupants, flight and false claim of permission | No evidence of a nexus or agreement with any other person; at most presence/trespass | Affirmed — sufficient circumstantial evidence to permit jury to find Dreyer aided or agreed to aid another in residential burglary |
| Whether Instruction No. 8 relieved the State of proving the knowledge element required for accomplice liability | Instruction must be read with Instruction No. 7 (which defined accomplice and the knowledge element); instructions as a whole preserved the State's burden | Phrase "participated in the crime" in Instruction No. 8 eliminated requirement to prove actual knowledge that actions would promote the crime | Affirmed — instructions read together adequately informed jury; no reversal for instruction error |
| Whether resentencing was required under State v. Blake | State conceded Blake requires resentencing | (No contest; relief sought) | Remand for resentencing under Blake (conceded by State) |
Key Cases Cited
- State v. Benn, 120 Wn.2d 631 (1993) (error to give instruction not supported by the evidence)
- State v. Berube, 150 Wn.2d 498 (2003) (standard for sufficiency to support an instruction; review in light most favorable to requester)
- State v. Fernandez-Medina, 141 Wn.2d 448 (2000) (reviewing evidence in light most favorable to party requesting instruction)
- State v. Allen, 182 Wn.2d 364 (2015) (accomplice liability requires actual knowledge that principal was committing the charged crime and that defendant was furthering it)
- State v. Douglas, 128 Wn. App. 555 (2005) (jury instructions are sufficient when read as a whole and not misleading)
- State v. Blake, 197 Wn.2d 170 (2021) (holding requiring resentencing where statute previously used as basis for offender-score enhancements was invalid)
