State Of Washington, V John Thomas Black

CourtCourt of Appeals of Washington
DecidedFebruary 15, 2022
Docket54352-4
StatusUnpublished

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Bluebook
State Of Washington, V John Thomas Black, (Wash. Ct. App. 2022).

Opinion

Filed Washington State Court of Appeals Division Two

February 15, 2022 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II STATE OF WASHINGTON, No. 54352-4-II (consolidated with) Respondent,

v.

JOHN THOMAS BLACK,

Appellant.

In the Matter of the Personal Restraint of No. 55237-0-II

JOHN THOMAS BLACK, UNPUBLISHED OPINION Petitioner.

GLASGOW, J.—John Thomas Black’s wife caught him having intercourse with his 16-year-

old stepdaughter, LDR, in February 2019 in Grays Harbor County. LDR told her mother that Black

had been sexually abusing her since at least 2013, when the family lived in Snohomish County.

The State charged Black in Grays Harbor County with two sets of offenses—four charges arising

from Black’s conduct in Grays Harbor County and four charges arising from conduct in

Snohomish County. The trial court denied Black’s motion to sever and change venue for the

Snohomish County offenses.

After a bench trial, Black was convicted of one count of first degree rape of a child, one

count of first degree child molestation, one count of third degree rape of a child, one count of third Nos. 54352-4-II and 55237-0-II

degree child molestation, two counts of first degree incest, and two counts of second degree incest,

with four of these counts occurring entirely in Snohomish County.

Black appealed and filed a personal restraint petition (PRP). Black argues the trial court

improperly denied his motion to sever and change venue on the four Snohomish County counts.

He also contends the trial court improperly imposed a community custody condition prohibiting

use of the Internet, as well as community custody supervision fees. The State concedes the four

Snohomish County counts should be reversed and the community custody condition should be

stricken. Black filed a statement of additional grounds for review (SAG). In his PRP, Black raises

multiple arguments, including that he received ineffective assistance of counsel and there was

insufficient evidence to convict him.

We reverse the four convictions that were based on conduct that occurred in Snohomish

County (counts 1, 2, 5, and 7) and remand for the trial court to dismiss those convictions without

prejudice and resentence Black accordingly. Upon resentencing, the trial court must strike the

Internet use prohibition and may revisit the community custody supervision fee. We otherwise

affirm. We deny Black’s PRP.

FACTS

A. Background

LDR was 6 years old when her mother, Keisha Rowe, began dating Black. Rowe and Black

married roughly a year later. The family moved from Colorado to Lynnwood in Snohomish

County, Washington in 2013 when LDR was about 10 years old. Around that time, Black began

having sexual contact with LDR, eventually engaging in intercourse with her. The abuse occurred

2 Nos. 54352-4-II and 55237-0-II

“a couple of times a week” for the next 6 years. Verbatim Report of Proceedings (VRP) (Dec. 19,

2019) at 70.

The family moved from Lynnwood to California in 2014, then to Colorado in 2016, then

to Ocean Shores in Grays Harbor County, Washington in 2017. In February 2019, Rowe walked

in on Black having intercourse with then-16-year-old LDR. LDR told her mother that Black had

been abusing her for several years. Rowe called the police, and Black was arrested.

B. Pretrial

The State initially charged Black with first, second, and third degree rape of a child; first,

second, and third degree child molestation; and two counts of first degree incest. The information

alleged that all the offenses were committed in Grays Harbor County. After receiving notice that

some of the alleged acts occurred entirely in Snohomish County, the State amended the

information in April 2019 to charge first degree rape of a child (count 1), first degree child

molestation (count 2), third degree rape of a child (count 3), third degree child molestation (count

4), two counts of first degree incest (counts 5 and 6), and two counts of second degree incest

(counts 7 and 8), alleging the offenses were committed in the state of Washington. Counts 1, 2, 5,

and 7 were alleged to have occurred between January 2013 and October 2014, when the family

lived in Lynnwood. Counts 3 and 4 were for abuse of LDR that occurred between when the family

moved to Ocean Shores and LDR’s 16th birthday. Counts 6 and 8 were for conduct in the time

between the move to Ocean Shores and the day Black was arrested.

Black sent Judge David Edwards several letters asking for a change of venue—two in April

2019 and a third in May 2019—that Black framed as a pro se motion to dismiss for lack of

jurisdiction and venue. Black identified counts 1, 2, 5, and 7 as those that were not charged in the

3 Nos. 54352-4-II and 55237-0-II

correct venue. The trial court sent copies of these pleadings to both counsel and did not take further

action.

Black’s first attorney sought to discourage him from raising the venue issue because

severance would allow Snohomish County to charge him for the crimes committed there and, if

convicted, his sentence would run consecutively to whatever sentence Black would receive in

Grays Harbor County if found guilty.

Black’s first attorney withdrew in September 2019 due to a conflict of interest. Black’s

second attorney filed a motion to sever and change venue for counts 1, 2, 5, and 7 because the

State acknowledged that those offenses occurred in Snohomish County. At a pretrial hearing, the

trial court ruled that a consolidated trial would not cause undue prejudice and denied Black’s

motion. Black then waived his right to a jury trial.

C. Trial and Reconsideration

At the bench trial, Black argued LDR and Rowe were lying about the abuse because Black

was about to divorce Rowe and she would lose his “Section 8” housing voucher if they divorced,

but not if he was incarcerated while still married. Id. at 14-15. Black asserted that he was guilty

only of second degree incest for the sexual contact of the February 2019 incident. LDR testified

Black began to sexually abuse her in Colorado when she was approximately 10 years old,

continuing when the family moved to Lynnwood in 2013. She testified that the sexual contact

included Black putting his hands on her genitals and that penile-vaginal intercourse began when

she was 10 years old. She testified the abuse occurred “a couple of times a week” from when she

was 10 until she was 16, and she did not report the abuse because she was afraid of Black. Id. at

4 Nos. 54352-4-II and 55237-0-II

70. She testified that Black would write her notes about the sexual contact and one of these notes

was admitted as evidence.

LDR and Rowe both testified about the events of the day that Black was arrested. Rowe

testified that Black had slept on the couch the night before and that she observed him pass her

bedroom door to enter the kitchen area, then later she went into the kitchen. She found him there

having intercourse with LDR. LDR testified that she was walking back to her room after using the

restroom in the morning, when Black stopped her and told her “to get naked” and have intercourse

with him. Id. at 77. LDR testified that shortly thereafter Rowe walked into the kitchen area and

saw Black having sexual intercourse with LDR.

The trial court also admitted four letters into evidence.

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Related

State v. Madison
770 P.2d 662 (Court of Appeals of Washington, 1989)
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State v. Campbell
691 P.2d 929 (Washington Supreme Court, 1984)
State v. Wilson
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State Of Washington v. Jason Spaulding
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State v. Grier
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In re the Personal Restraint of Yates
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State v. Coristine
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State v. Homan
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State v. O'Cain
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State v. Kolesnik
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