State Of Washington v. Jamez Edward Brown, 48229-1

On Feb 24, 2015, Brown allegedly stole merchandise from Macy’s and pointed what appeared to be a handgun at a bystander who confronted him; he was later arrested and spat on an officer in custody.
The State charged Brown with first degree robbery (alleging only the means of taking property from a person against that person’s will) and with third degree assault (among other counts not at issue here).
At trial, the jury instructions for first degree robbery allowed conviction either for taking property from a person or taking property in the presence of another — the latter means was not charged in the information.
The jury convicted Brown of first degree robbery and third degree assault; the court sentenced him to 160 months for robbery and 60 months plus 12 months’ community custody for third degree assault.
The State conceded (and the court agreed) that (1) instructing the jury on an uncharged alternative means for robbery was error requiring reversal, and (2) the imposed confinement plus community custody for third degree assault exceeded the statutory maximum and required correction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether jury instruction included an uncharged alternative means for first degree robbery	State relied on the instruction as proper to permit conviction for robbery	Brown argued instruction permitted conviction on an uncharged alternative means and violated notice/right to be informed	Court held the instruction incorrectly allowed an uncharged alternative means, reversed robbery conviction and remanded for new trial
Whether sentence for third degree assault exceeded statutory maximum	State acknowledged the sentence (confinement + community custody) exceeded statutory max	Brown argued sentence exceeded statutory authority	Court held sentence exceeded statutory maximum and remanded for resentencing or amendment of community custody term

State v. Lindsey, 177 Wn. App. 233 (holding State must inform accused of charges to be met at trial)
State v. Bray, 52 Wn. App. 30 (instruction on uncharged alternative means is error)
State v. Laramie, 141 Wn. App. 332 (instruction including uncharged alternative means violates right to be informed)
In re Pers. Restraint of Brockie, 178 Wn.2d 532 (presumption of prejudice for uncharged-alternative instructions; State bears harmless-error burden)
In re Postsentence Review of Combs, 176 Wn. App. 112 (sentencing court limited to statutory authority)
State v. Mann, 146 Wn. App. 349 (review of whether sentencing court exceeded statutory authority is de novo)
State v. Winborne, 167 Wn. App. 320 (exceeding sentencing authority is reversible error)