State of Washington v. Scott Howard Greger
34398-7
| Wash. Ct. App. | May 2, 2017Background
- Appellant Scott Greger was convicted of taking a motor vehicle and appealed his conviction and sentencing.
- At trial the court gave the standard reasonable-doubt instruction (WPIC 4.01) without objection from Greger.
- The trial court imposed a $200 criminal filing fee on conviction; Greger did not object at sentencing.
- On appeal Greger argued the reasonable-doubt instruction was unconstitutional and that the $200 filing fee required an ability-to-pay inquiry.
- The Court of Appeals (Division III) rejected both arguments summarily and affirmed the conviction and fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of standard reasonable-doubt instruction | State argues WPIC 4.01 is constitutionally sufficient | Greger argues the specific language used failed to protect reasonable-doubt standard | Court affirmed: longstanding authority supports the standard instruction; no manifest constitutional question shown |
| Imposition of $200 criminal filing fee | State: fee is mandatory under RCW 36.18.020(2) and requires no ability-to-pay inquiry | Greger: fee is discretionary and required an ability-to-pay inquiry under Blazina principles | Court affirmed: statutory language is mandatory; no inquiry required |
Key Cases Cited
- State v. Kalebaugh, 183 Wn.2d 578 (2015) (rejected challenge to modern reasonable-doubt instruction)
- State v. Bennett, 161 Wn.2d 303 (2007) (upheld reasonable-doubt instruction language)
- State v. Blazina, 182 Wn.2d 827 (2015) (ability-to-pay framework for discretionary legal financial obligations)
- State v. Lundy, 176 Wn. App. 96 (2013) (statutory criminal filing fee held mandatory; no ability-to-pay inquiry required)
- State v. Harras, 25 Wash. 416 (1901) (early rejection of attacks on reasonable-doubt instruction)