State Of Washington v. Donald J. Legrone, 74526-3

On Oct. 23, 2013, Donald Legrone and Charles Rodriguez entered a motel room through a window; Rodriguez assaulted the occupant (Lensegrav) and Legrone prevented the client (Smith) from leaving and chased/assaulted him.
After forcibly removing Lensegrav from the motel, Rodriguez and Legrone drove her to a rural area where both assaulted and threatened her; Legrone also forced sexual acts and threatened her family.
Lensegrav later sought medical treatment and was diagnosed with a fractured cheekbone; police charged Legrone with first degree burglary, first degree kidnapping, and second degree assault (jury convicted him of first degree burglary and fourth degree assault; deadlocked on kidnapping).
Legrone appealed, arguing the jury verdict violated his right to a unanimous jury because the State charged alternative means of burglary and the jury was not instructed it must be unanimous as to means; he also challenged a domestic violence designation on the misdemeanor assault conviction and raised various other claims in a statement of additional grounds.
The State conceded the domestic violence designation on the fourth degree assault was improper; the court reviewed sufficiency of evidence on the burglary count and other ancillary claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the jury must be unanimous as to the alternative means of first degree burglary	State: unanimity as to means not required if substantial evidence supports each alternative means	Legrone: jury unanimity required as to the means; trial court erred by not so instructing	Court: unanimity as to means not required here because substantial evidence supported each charged means; conviction upheld
Whether sufficient evidence showed Legrone had intent to commit a crime (as principal or accomplice) when entering	State: evidence (texts, coordinated entry, actions during attack) supports accomplice liability and intent	Legrone: disputed that State proved intent to commit a crime at entry	Court: sufficient evidence that Legrone was ready to assist Rodriguez and entered with intent; burglary conviction supported
Whether fourth degree assault judgment improperly included a domestic violence designation	State: designation conceded improper because no qualifying relationship shown	Legrone: designation erroneous	Court: agree with State; remand to delete domestic violence designation
Whether appellate costs should be awarded given Legrone's indigency finding	State: may seek appellate costs unless indigency no longer applies	Legrone: asks court to deny appellate costs due to indigency	Court: trial court found indigent; award of costs may only proceed if State shows significant financial improvement and moves the commissioner

State v. Ortega-Martinez, 124 Wn.2d 702 (discusses unanimity requirements for alternative means)
State v. Salinas, 119 Wn.2d 192 (principles on appellate sufficiency review)
State v. Luna, 71 Wn. App. 755 (accomplice liability requires readiness to assist)
State v. Allen, 127 Wn. App. 125 (statutory elements of burglary/related analysis)