State v. Abrahamson

238 P.3d 533
CourtCourt of Appeals of Washington
DecidedSeptember 7, 2010
Docket62699-0-I
StatusPublished
Cited by5 cases

This text of 238 P.3d 533 (State v. Abrahamson) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Abrahamson, 238 P.3d 533 (Wash. Ct. App. 2010).

Opinion

238 P.3d 533 (2010)

STATE of Washington, Respondent,
v.
Manuel Steven ABRAHAMSON, Appellant.

No. 62699-0-I.

Court of Appeals of Washington, Division 1.

September 7, 2010.

*534 Edward E. Stemler, Seth Aaron Fine, Attorney at Law, Everett, WA, for Respondent.

Lila Jane Silverstein, Washington Appellate Project, Seattle, WA, for Appellant.

SCHINDLER, J.

¶ 1 Under RCW 37.12.010, the State of Washington assumed criminal and civil jurisdiction over Indians on Indian lands for eight specific areas of law, including the "[o]peration of motor vehicles upon the public streets, alleys, roads and highways." RCW 37.12.010(8). As a member of the Spokane Indian Tribe, Manuel S. Abrahamson asserts the state court did not have jurisdiction to convict him of the crimes of driving while under the influence, attempting to elude, and driving while license revoked, committed on the Tulalip Indian Reservation. Abrahamson claims the State's assumption of jurisdiction over Indians on an Indian reservation for the operation of motor vehicles does not apply to criminal offenses. We disagree. We hold that under the plain and unambiguous language of RCW 37.12.010 the State assumed jurisdiction over all criminal offenses committed by Indians while operating a motor vehicle on public roads on an Indian reservation, and affirm.

FACTS

¶ 2 The facts are not in dispute. On May 4, 2007, a Snohomish County detective was trying to locate Manuel S. Abrahamson to arrest him on outstanding warrants. While the detective was talking to a Tulalip police officer, Abrahamson drove past in a blue GMC. The detective and the Tulalip police officer pursued Abrahamson. During the pursuit Abrahamson was driving approximately 75 miles per hour (mph) in a 35 mph zone. As Abrahamson approached 14th Avenue Northeast, he collided with an oncoming van. A blood alcohol test showed Abrahamson had an alcohol level of .09.

¶ 3 The State charged Abrahamson in Snohomish County Superior Court with (1) attempting to elude a pursuing police vehicle in violation of RCW 46.61.024; (2) driving while under the influence of intoxicating liquor in violation of RCW 46.61.502; and (3) driving while license revoked in the first degree in violation of RCW 46.20.342(1)(a).

¶ 4 Abrahamson filed a motion to dismiss for lack of jurisdiction. He presented evidence that he is an enrolled member of the Spokane Indian Tribe and argued the court lacked jurisdiction over the charged offenses committed on the Tulalip Indian Reservation. The court denied the motion to dismiss.

¶ 5 Abrahamson then stipulated to a bench trial on agreed facts. The court found Abrahamson guilty as charged. Based on an offender score of 15, the court sentenced Abrahamson *535 to 29 months with credit for time served under the Tulalip Tribal Court cause number.[1] Abrahamson appeals.

ANALYSIS

¶ 6 Abrahamson contends the court erred in denying his motion to dismiss the criminal charges of driving while under the influence, attempting to elude, and driving with a suspended license. Abrahamson concedes the state court has jurisdiction over the eight specific areas of law set forth in RCW 37.12.010, including operating a motor vehicle on public roads within an Indian reservation. But Abrahamson asserts that the assumption of jurisdiction under RCW 37.12.010(8) for the operation of motor vehicles does not apply to criminal traffic offenses committed by Indians on an Indian reservation.

¶ 7 Where the location of a crime is not in dispute, jurisdiction is a question of law that we review de novo. State v. Waters, 93 Wash.App. 969, 976, 971 P.2d 538 (1999) (citing State v. L.J.M., 129 Wash.2d 386, 396, 918 P.2d 898 (1996)). Statutory interpretation is also a question of law that we review de novo. State v. Williams, 158 Wash.2d 904, 908, 148 P.3d 993 (2006); State v. J.P., 149 Wash.2d 444, 449, 69 P.3d 318 (2003).

Chapter 37 RCW, Jurisdiction over Indians and Indian Land

Congress has plenary authority over Indians with "full power to legislate concerning their tribal property" and abrogate Indian rights, including tribal sovereignty. In re Estate of Cross, 126 Wash.2d 43, 47, 891 P.2d 26 (1995) (quoting Winton v. Amos, 255 U.S. 373, 391, 56 Ct.Cl. 472, 41 S.Ct. 342, 65 L.Ed. 684 (1921)); United States v. Wheeler, 435 U.S. 313, 323, 98 S.Ct. 1079, 55 L.Ed.2d 303 (1978). Prior to 1953, the power to adjudicate criminal offenses and civil actions affecting Indians on Indian reservations was retained exclusively by Congress and the tribes. Confederated Tribes of Colville Reservation v. Washington, 938 F.2d 146, 147 (9th Cir.1991).

¶ 9 As a condition of statehood, the Congressional Enabling Act of 1889 required territories that wished to become states include in their constitutions an acknowledgement that Indians and Indian lands remained "under the absolute jurisdiction and control of the Congress of the United States." Act of Feb. 22, 1889, ch. 180, § 4, 25 Stat. 676, 676-77. Accordingly, the Washington State Constitution specifically disclaimed all authority over Indian lands: "Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States." CONST. art. XXVI.

¶ 10 In 1953, Congress enacted Public Law 280.[2] Pub. L. No. 280 (1953). Public Law 280 gave states the power to exercise jurisdiction over Indians for civil actions and criminal offenses committed on Indian reservations without the consent of the Indian tribe.[3]Estate of Cross, 126 Wash.2d at 47, 891 P.2d 26. Public Law 280 provided in pertinent part:

The consent of the United States is hereby given to any other State not having jurisdiction with respect to criminal offenses or civil causes of action, or with respect to both, as provided for in this Act, to assume jurisdiction at such time and in such manner as the people of the State shall, by affirmative legislative action, obligate and bind the State to assumption thereof.

Pub. L. 280, § 7.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Washington v. Jose Agustin Sanchez
Court of Appeals of Washington, 2025
State v. Yallup
248 P.3d 1095 (Court of Appeals of Washington, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
238 P.3d 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-abrahamson-washctapp-2010.