State Of Washington v. Jeremy Antone Olson And Santana Marie Templer, 75643-5

Olson and Templer were tried jointly for second-degree burglary after alarms at White River Alternative School; deputies found Olson loading school audio/lighting equipment into his Jeep and Templer seated in the front passenger seat with her child in the back.
School staff identified the equipment as belonging to room 12; earlier checks three hours before showed no equipment outside that room.
The dumpster near the building contained several inches of water from rain that day, but the equipment in the Jeep was dry; a metal plate was missing from room 12’s exterior door exposing the lock mechanism.
Deputies observed tools (screwdriver, chisel, flashlight) on the driver’s floorboard; Olson attempted to flee and told an officer he had found the items on the sidewalk and later asked whether they could "make a deal."
Both defendants were convicted by a jury; on appeal the court affirmed Olson’s conviction, reversed Templer’s conviction for insufficiency of evidence, and declined to resolve Olson’s offender-score/washout claim due to an incomplete record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for Olson’s burglary conviction	State: possession of recently stolen property plus circumstantial evidence ties Olson to unlawful entry	Olson: no direct evidence of entry (no eyewitness, prints, or footprints)	Affirmed — circumstantial evidence (possession, flight, tools, altered door, statements) sufficed to infer unlawful entry and intent
Sufficiency of evidence for Templer’s burglary conviction	State: presence at scene and association with Olson supports conviction	Templer: only seated in car; no evidence she possessed or controlled the stolen items or entered the building	Reversed — mere proximity and presence as a passenger insufficient to prove possession, dominion, or entry
Offender-score "washout" of Olson’s prior felonies	Olson: four prior class C felonies should have washed out after >5 crime-free years in the community	State: disputes Olson’s claimed crime-free period; record lacks release/reentry dates	Not decided on merits — record inadequate; remedy is a personal restraint petition with supporting facts, not an appellate S/A Grounds claim
Appellate costs	Defendants: ask court to deny costs	State: sought appellate costs as prevailing party	Denied as to Templer (conviction reversed); denied as to Olson based on indigency and existing restitution obligations

Winship, 397 U.S. 358 (establishes State must prove every element beyond a reasonable doubt)
Mace, 97 Wn.2d 840 (possession of recently stolen property plus corroborative circumstances can support burglary conviction)
Portee, 25 Wn.2d 246 (same rule on possession plus corroboration supporting conviction)
Salinas, 119 Wn.2d 192 (draw inferences in the State's favor on sufficiency review)
Summers, 45 Wn. App. 761 (mere proximity to stolen property insufficient to prove possession)
Chouinard, 169 Wn. App. 895 (passenger status without ownership/driver control undermines finding of constructive possession)
George, 146 Wn. App. 906 (reversal where evidence amounted to mere proximity and failed to associate defendant with contraband)
Alvarado, 164 Wn.2d 556 (personal restraint petition is appropriate vehicle to present outside-the-record facts affecting sentence)