State v. Naillieux
241 P.3d 1280
| Wash. Ct. App. | 2010Background
- Naillieux drove erratically; deputy tried to stop him; he fled, car overturned, passenger Garoutte remained at scene.
- Meth lab found in trunk with necessary precursors (anhydrous ammonia tank, muriatic acid, Coleman fuel, lithium batteries, pseudoephedrine).
- Charges: eluding a police vehicle, manufacturing methamphetamine, possessing methamphetamine paraphernalia, possessing pseudoephedrine with intent to manufacture, unlawfully storing anhydrous ammonia.
- Trial: jury convicted all counts; evidence showed DOT-not-approved tank; no unanimity instruction requested for manufacturing; information omitted elements for eluding.
- Sentencing: concurrent 120-month terms for most offenses; 29-month consecutive term for eluding; total 149 months; community custody with alcohol prohibition and treatment; scrivener's error noted.
- Court of Appeals held that eluding conviction was improper and reversed it; vacated alcohol-related custody conditions and scrivener’s error; other convictions affirmed and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unanimity instruction on manufacturing | Naillieux entitlement to unanimity instruction | Record shows continuous course of conduct; no unanimity instruction required | No manifest error; no unanimity instruction required |
| Admission of DOT tank opinion | Testimony improperly opined on DOT approval | Testimony explained safety concerns; not prejudicial | Not a manifest constitutional error; admission upheld |
| Same criminal conduct for offender score | Crimes should be treated as same conduct | Defendant waived challenge; not raised in trial court | Waived; score unchanged; no prejudice in result |
| Essential elements of eluding missing from information | Information failed to allege reckless manner and lights/sirens | Statutory citation suffices; terminological issue | Reversed eluding conviction for insufficient charging document |
| Alcohol-related conditions of community custody | Conditions relate to alcohol use without nexus | Agrees with removal of alcohol-based conditions | Vacate alcohol possession prohibition and alcohol-treatment requirement |
Key Cases Cited
- State v. Kitchen, 110 Wash.2d 403 (1988) (unanimity when multiple acts could prove the crime)
- State v. Handran, 113 Wash.2d 11 (1989) (continuous course of conduct does not require unanimity)
- State v. Petrich, 101 Wash.2d 566 (1984) (when multiple acts form a continuous course, no unanimity instruction needed)
- State v. Simonson, 91 Wash.App. 874 (1998) (acts part of continuous conduct; same consideration for unity of charge)
- State v. Kjorsvik, 117 Wash.2d 93 (1991) (charging document must include essential elements and statute citation)
- State v. McCarty, 140 Wash.2d 420 (2000) (missing elements require reversal if prejudicial)
- State v. Ratliff, 140 Wash.App. 12 (2007) (reckless/manner elements; amends not inferred from older text)
- State v. Vance, 168 Wash.2d 754 (2010) (judge may find facts to support consecutive sentences)
- State v. Lynn, 67 Wash.App. 339 (1992) (manifest constitutional error requires practical prejudice)