State Of Washington v. N.m.
47615-1
| Wash. Ct. App. | Oct 4, 2016Background
- NM, a Green Hill juvenile resident on crutches, became agitated after staff directions and threatened staff member David Baldwin-McGraw.
- While being escorted to the dining hall, NM threw his crutches, advanced quickly at Baldwin-McGraw, and knocked Baldwin‑McGraw’s hands out of a defensive position.
- Staff witnesses testified NM appeared angry, aggressive, and that one believed NM would strike Baldwin‑McGraw; Baldwin‑McGraw testified NM pushed under his hands and there was contact.
- Juvenile court convicted NM of custodial assault under RCW 9A.36.100(1)(a), finding both actual battery and placing the victim in reasonable apprehension of bodily harm.
- At disposition the court imposed a $100 crime victim penalty assessment and $200 in court-appointed attorney fees; NM appealed sufficiency of the evidence and the LFOs.
- The State conceded the statutory basis for both LFOs had been changed/repealed; the court agreed they must be stricken.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency — actual battery | State: testimony shows intentional offensive contact (pushing victim’s hands) | NM: no sufficient evidence of touch or battery | Evidence sufficient; reasonable trier could find offensive touching — battery proven |
| Sufficiency — reasonable apprehension | State: threats, rapid advance, knocking hands away show reasonable fear of bodily harm | NM: insufficient evidence victim reasonably feared bodily harm | Evidence sufficient; victim reasonably apprehended harm |
| Custodial assault conviction | State: elements of custodial assault met via battery and/or apprehension | NM: challenges sufficiency of elements | Conviction affirmed — findings support custodial assault under RCW 9A.36.100(1)(a) |
| Legal financial obligations (LFOs) | State concedes statutory changes/repeal invalidate penalties | NM: LFOs should be stricken given statutory change and lack of ability-to-pay inquiry | LFOs ($100 victim penalty and $200 attorney fees) stricken; remand to modify disposition order |
Key Cases Cited
- State v. B.J.S., 140 Wn. App. 91 (evidentiary sufficiency standard on appeal)
- State v. Levy, 156 Wn.2d 709 (definition of substantial evidence)
- State v. Mendez, 137 Wn.2d 208 (substantial evidence standard)
- State v. Alvarez, 105 Wn. App. 215 (findings must support elements beyond a reasonable doubt)
- State v. Wilson, 125 Wn.2d 212 (actual battery is unlawful touching with criminal intent)
- State v. Bland, 71 Wn. App. 345 (battery definition authority)
- State v. Shelley, 85 Wn. App. 24 (touching unlawful if nonconsensual and harmful/offensive)
- State v. Villanueva-Gonzalez, 180 Wn.2d 975 (offensive touching standard)
- State v. Hall, 104 Wn. App. 56 (assault forms and intent for battery)
- State v. Byrd, 125 Wn.2d 707 (assault by placing another in reasonable apprehension)