State Of Washington v. Robert Nicholas Pounds, 77863-3

On June 5, 2017, 79-year-old William Hansen left his house with a locked gun cabinet; while he was gone Kimberly Ausbun (who had a key) remained in the house. Neighbor Huong Vuong observed a man (later identified as Robert Pounds) run from the back door carrying a heavy bundle and place it in a red minivan; Vuong called 911 for a burglary in progress.
Deputies responded, detained Pounds briefly at the scene, and later released him; Ausbun and Pounds left together in the red minivan. About 40 minutes after deputies left, Hansen discovered his gun cabinet pried open and many guns missing and reported the theft.
An abandoned black Toyota Celica was later found near the neighborhood; a backpack in its trunk contained three of Hansen’s revolvers, including two .22-caliber revolvers. The Celica was linked to a woman Vuong had photographed earlier (Ausbun identified as “Kim”).
Police arrested Pounds on June 13 while driving the red minivan; officers found a .22-caliber Olympic-style pistol, magazines, ammunition, gun-cleaning kits, Pounds’ ID and wallet, and a single .22 round in his pocket. Hansen identified the recovered items as his.
The State charged Pounds with theft of a firearm (count 2) and unlawful possession of a firearm in the first degree (count 1). The jury convicted on both counts; Pounds appealed for insufficiency of the evidence.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Pounds)	Held
Sufficiency of evidence for theft of a .22-caliber revolver	Circumstantial and direct evidence (Vuong saw Pounds carrying a bundle; revolvers recovered in nearby abandoned Celica; items and cleaning kits in Pounds’ van matched Hansen’s) permit a rational jury to conclude Pounds stole a .22-caliber revolver	No one saw Pounds take guns; no direct link to the abandoned Celica or the woman who abandoned it; identification of specific .22-caliber revolver insufficient	Affirmed. Viewed favorably to State, the circumstantial chain (bundle, Celica with revolvers, Pounds’ conduct and association with Ausbun) is sufficient to support theft conviction.
Sufficiency of evidence for unlawful possession of a firearm	Evidence showed Pounds knowingly possessed a firearm (the Olympic .22 pistol) and had a prior serious-offense conviction—elements of the offense were met	Argues State was required (by charging language) to prove possession of a .22-caliber revolver specifically, not a .22 pistol	Affirmed. The jury’s "to convict" instruction did not include the revolver identification; possession of any firearm (the recovered .22 pistol) satisfied the statute.

State v. Berg, 181 Wn.2d 857 (review standard for sufficiency challenges)
State v. Salinas, 119 Wn.2d 192 (court views evidence in light most favorable to the State)
State v. Jussila, 197 Wn. App. 908 (identifying firearm characteristics in a "to convict" instruction can add elements the State must prove)
State v. Thomas, 150 Wn.2d 821 (deference to jury on credibility and conflicting testimony)
State v. Trey M., 186 Wn.2d 884 (circumstantial and direct evidence carry equal weight)