State Of Washington, V. Terry Lee Keene
58373-9
| Wash. Ct. App. | Apr 22, 2025Background
- Terry Keene was convicted of second degree child rape, two counts of third degree child rape, third degree child molestation, eluding a police officer, and resisting arrest.
- The convictions stem from abuse reported by the victim, CW, who testified the abuse began when he was under 14 years old.
- Keene was sentenced to 280 months (top of the standard range) and ordered to pay a $500 Crime Victim Penalty Assessment (VPA) and community supervision fees, despite a finding of indigency.
- Keene appealed, challenging the sufficiency of the evidence for the second degree child rape conviction, the jury instruction that victim testimony alone could suffice for conviction, the basis for his high-end sentence, and the imposition of certain financial obligations.
- The appeal also included a Statement of Additional Grounds (SAG) raising claims of ineffective counsel, trial irregularities, excessive bail, lack of probable cause, and judicial bias.
- The Court granted Keene’s motion to correct factual errors in the opinion, but no changes to the result.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence (victim’s age) | Evidence equivocal; victim not proven under 14 | Testimony and circumstantial evidence sufficient | Sufficient evidence supports conviction |
| No corroboration jury instruction | Instruction commented on evidence, was improper | Instruction is lawful under existing precedent | Instruction proper under controlling case law |
| Sentence based on maintaining innocence | Sentence punishment for exercising rights | Considered pattern of abuse, jury finding, lack of remorse | No abuse of discretion in standard range sentence |
| Imposition of VPA and fees on indigent defendant | Financial obligations unlawfully imposed | Agrees with plaintiff; supports striking | Remanded to strike VPA and supervision fees |
Key Cases Cited
- State v. Scanlan, 193 Wn.2d 753 (affirming sufficiency standard for evidence)
- State v. Clayton, 32 Wn.2d 571 (permitting no corroboration instruction in child sex abuse cases)
- State v. Goss, 186 Wn.2d 372 (on essential elements of child sexual offense age limits)
- State v. Alvarado, 164 Wn.2d 556 (appellate review limited to record; SAG claims outside record not addressed)
- State v. Mail, 121 Wn.2d 707 (trial courts have wide discretion in standard range sentences)