State of Washington v. Jerry Dale Huntoon
34359-6
| Wash. Ct. App. | Jun 8, 2017Background
- On Sept. 4, 2014 Trooper Bart stopped Jerry Huntoon for speeding (41–42 mph in a 30 mph zone); Huntoon exited his truck despite being told to remain inside.
- Trooper observed bloodshot/watery eyes, flushed face, smelled alcohol, and Huntoon admitted to two drinks and refused field sobriety and portable breath tests.
- Huntoon was arrested and later provided breath samples showing BACs of .157 and .156 about an hour after parking.
- Charged with felony DUI (alternative means: per se BAC ≥ .08 or driving while affected), plus related driving offenses; jury convicted him of felony DUI.
- Huntoon challenged (1) denial of suppression (probable cause/pretext), (2) jury unanimity regarding alternate means, and raised SAG claims including sentencing exceeding statutory maximum, sufficiency of proof of priors, ineffective assistance for not showing arrest video, and use of out‑of‑state convictions in offender score.
- Court affirmed conviction but held sentence (60 months confinement + 12 months community custody) exceeded the statutory maximum and remanded to amend community custody or resentence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Huntoon) | Held |
|---|---|---|---|
| Probable cause for DUI arrest | Facts (speeding, disobeyed commands, odor, appearance, admission, refusal to test) gave probable cause | Trooper lacked probable cause; observations have innocent explanations | Court: Totality supported probable cause; suppression denial affirmed |
| Pretext stop | Stop was lawful for speeding; officer may have secondary motives | Stop was pretextual to investigate DUI | Court: Actual traffic violation justified stop; pretext claim fails |
| Jury unanimity re: alternate means (per se BAC v. affected) | Both means had sufficient evidence so no unanimity instruction required | Jury must be unanimous as to which means; insufficient evidence for one or both means | Court: Substantial evidence supported both per se (BAC) and affected-by means; unanimity instruction not required |
| Sentencing exceeded statutory maximum | Combined confinement + community custody within statutory max | Combined term (6 years) exceeded class C felony max (5 years) | Court: Sentence exceeded statutory max; remand to strike/amend community custody or resentence |
Key Cases Cited
- State v. Sandholm, 184 Wn.2d 726 (2015) (discusses unanimity for alternative statutory means in DUI context)
- State v. Ortega-Martinez, 124 Wn.2d 702 (1994) (test for whether jury unanimity on alternative means is required)
- State v. Kitchen, 110 Wn.2d 403 (1988) (unanimity not required if substantial evidence supports each means)
- State v. Boyd, 174 Wn.2d 470 (2012) (Brooks notation cannot replace compliance with statutory sentencing maximums)
- In re Pers. Restraint of Adolph, 170 Wn.2d 556 (2010) (methods for proving prior convictions at sentencing)
- State v. Terrovona, 105 Wn.2d 632 (1986) (definition and standard for probable cause)