State Of Washington, V Jerome P. Medina
48053-1
| Wash. Ct. App. | Nov 8, 2016Background
- Jerome Medina was charged with nine felony counts of violating a no-contact order that permitted written contact only by U.S. mail or e-mail; nine charges arose from a shotgun photo and multiple messages sent to his ex-partner Heather Mattox.
- Mattox received a photo (Medina holding a shotgun captioned "I'm ready") and several messages on April 28, 2014 from a phone number she associated with Medina.
- A jury convicted Medina of eight counts (guilty on Counts I–III and V–IX; no verdict on IV).
- The trial court merged Counts V–IX for sentencing and imposed legal financial obligations, including a $100 payment to the county expert witness fund.
- Medina appealed, challenging sufficiency of the evidence, vagueness of the e-mail exception to the no-contact order, double jeopardy as to multiple messages in one day, and the expert fund fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove messages violated no-contact order | State: evidence that Mattox received texts from a number linked to Medina sufficed | Medina: messages could have been sent as e-mail converted to texts; State failed to prove they were texts | Affirmed: jury could reasonably infer Medina sent texts from the phone number Mattox recognized |
| Vagueness of no-contact order permitting contact only by e-mail | State: "e-mail" has ordinary meaning and gives fair notice | Medina: "e-mail" could ambiguously include texts, social media, or e-mail-to-text conversions | Affirmed: term "e-mail" has ordinary meaning distinguishing it from text messages; condition not unconstitutionally vague |
| Double jeopardy for multiple messages sent same day | State: each discrete contact is a separate unit of prosecution | Medina: multiple messages same day amount to a single continuing offense | Affirmed: each individual contact/message is a separate unit of prosecution; convictions do not violate double jeopardy |
| Authority to impose $100 expert witness fund fee | State: court may impose lawful costs and fees incurred in prosecution | Medina: no expert was used; fee not incurred by State in this prosecution | Reversed as to fee: remand to strike the $100 expert witness fund obligation |
Key Cases Cited
- State v. Hosier, 157 Wn.2d 1 (discusses sufficiency review standard)
- State v. Homan, 181 Wn.2d 102 (addresses inferences and sufficiency-review principles)
- State v. Goodman, 150 Wn.2d 774 (circumstantial evidence probative as direct)
- State v. Thomas, 150 Wn.2d 821 (deference to fact finder on credibility)
- State v. Bahl, 164 Wn.2d 739 (vagueness and community custody condition analysis)
- State v. Sanchez Valencia, 169 Wn.2d 782 (review of community custody conditions and manifest unreasonableness)
- State v. Allen, 150 Wn. App. 300 (each act of sending electronic contact can be separate unit of prosecution)
- State v. Brown, 159 Wn. App. 1 (RCW 26.50.110 criminalizes each contact)
- State v. Hall, 168 Wn.2d 726 (double jeopardy and multiple convictions)
- State v. Villanueva-Gonzalez, 180 Wn.2d 975 (double jeopardy standard of review)
- State v. Ose, 156 Wn.2d 140 (legislative use of "a" authorizes punishment for each instance)
