State Of Washington v. Clifford Melvin Porter, Jr., 45796-2

Police executed a warrant on a garage at a property on 224th Street and found a Pontiac Firebird sawed in half matching the victim’s VIN, a television reported stolen from the victim’s house, and a recycling receipt containing a photocopy of Porter’s ID listing him as a seller.
Porter was charged with unlawful possession of a stolen motor vehicle; the State declined to charge him for the television.
At trial, the television and testimony about other items stolen from the house were admitted without defense objection; the trial court raised sua sponte concerns about the television’s relevance.
Defense theory: Porter lacked access to the garage and was not responsible for the stolen items; counsel emphasized other possible suspects (neighbor). Defense counsel used the television evidence tactically to bolster the alternate-suspect theory.
Porter was convicted; the conviction was briefly reversed on procedural grounds but later reinstated by the Washington Supreme Court. On remand, Porter asserted ineffective assistance based on counsel’s failure to object to evidence of other stolen items and asked the Court of Appeals to waive appellate costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for failing to object to evidence of the stolen television and other uncharged stolen items	Porter: counsel deficient for not objecting or moving in limine to exclude ER 404(b) evidence; no tactical reason shown	State: counsel reasonably declined to object as part of general-denial strategy; trial court’s sua sponte concern suggested objections might have been sustained, and defense used the evidence tactically	Court: No ineffective assistance — Porter failed to show absence of any legitimate strategic or tactical reason for not objecting (no deficiency proven)
Whether discretionary appellate costs should be awarded	Porter: waive costs because he is indigent; ability to pay is important	State: requested costs below (not opposing on remand)	Court: Waived appellate costs under RCW 10.73.160(1) given Porter’s indigency and RAP 15.2(f) presumption

State v. Sutherby, 165 Wn.2d 870 (standard of review for ineffective assistance of counsel)
State v. Grier, 171 Wn.2d 17 (two-prong ineffective assistance test — deficiency and prejudice)
State v. Hendrickson, 129 Wn.2d 61 (no need to reach second prong if first not shown)
State v. Emery, 174 Wn.2d 741 (deficiency requires showing lack of any legitimate strategic reason)
State v. Madison, 53 Wn. App. 754 (decision whether to object is classic trial tactic)
State v. Gunderson, 181 Wn.2d 916 (ER 404(b) four-part admissibility test)
State v. Nolan, 141 Wn.2d 620 (appellate courts’ discretion to award appellate costs)