State v. Alires

966 P.2d 935, 92 Wash. App. 931
CourtCourt of Appeals of Washington
DecidedOctober 29, 1998
Docket15882-9-III
StatusPublished
Cited by10 cases

This text of 966 P.2d 935 (State v. Alires) 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. Alires, 966 P.2d 935, 92 Wash. App. 931 (Wash. Ct. App. 1998).

Opinions

[933]*933Kurtz, J.

Roy Christopher Alires was convicted of second degree burglary. He offers two reasons for reversing his conviction. First, he contends the court erred in giving an accomplice instruction. Second, he asserts he received ineffective assistance of counsel because his counsel allowed biased jurors on the jury panel.

FACTS

Mr. Alires is a Hispanic. During defense counsel’s voir dire, the following exchange took place:

Does anybody believe that Hispanics are more likely to commit crime in the Valley than other people?
Juror No. 22, shaking her head no.
Okay.
I’ve got some hands back here.
Juror No. 27, is that no?
Uh-huh.
THE JUROR: Me?
MR. BECKER: Yeah.
THE JUROR: Yes.
MR. BECKER: Okay.
So, I guess, do you have that perception or do you believe
that?
THE JUROR: I feel that way, yes.
MR. BECKER: Do you feel - you feel that way. Okay.
Anybody else?
Juror No. 8?
THE JUROR: I think simply by reading the newspaper [934]*934and looking at the lists of crimes and the names, it seems that it’s pretty well heavy towards-uh-the Hispanic race, but also there are a lot of wonderful things that are happening with the Hispanic race. So we can’t put them all in the same pot.
MR. BECKER: Juror No. 18.
Juror No. 20.
And who else raised their hands?
Juror No. 25.
Juror No. 29.
Uh-any of you that raised your hands, do you feel that you’d be unable to listen to the evidence in this case and make your decision based solely on the evidence rather than any preconceived idea that you might have about Hispanics?
Anybody feel that they couldn’t do that?
Okay.

No further discussion was held with these jurors regarding their beliefs about Hispanics and crime. Of these jurors, number 8 was excused, and numbers 18, 20, 25 and 27 were impaneled.

Mr. Alires was tried on a charge of second degree burglary. At trial, several police officers testified they responded to a call of burglary in progress at a business located at 102 S. Naches, Yakima. Officers Anthony Patlan and Andrew Voline were the first to arrive. Officer Voline heard scraping noises, “like something scraping against the side of a building” and then running. He saw two people running toward a fence on the property. He yelled at them to stop. One of the individuals climbed the fence while the other waited. Officer Voline told the suspects to come back or he would shoot them. One of the suspects ran back toward him and the other cleared the fence and ran away. The suspect who returned to the officer was Mr. Alires, who was then placed in custody. Officer Voline noticed Mr. Ali-res’s dark-colored clothing had a white-colored substance [935]*935on it that looked like paint, but the clothing was never tested. Officer Patlan eventually caught the other suspect, Bobby Trudeau.

Officer Voline went inside the building and observed that radio and speaker equipment had been moved from one office to another room with an open window. The window sill was painted white. A folding metal chair was just outside the open window. Officer Gregory Finch noticed a black portable stereo with two silver antennas sitting in the bushes directly inside the fence. He also saw a television sitting on top of the chair, which seemed to be out of place. None of the officers saw Mr. Alires inside the building.

Mr. Alires’s sole witness was his wife, Maria Perez. She testified Mr. Alires had been working in the garage, which is painted white in some areas.

Mr. Alires took exception to instruction number 7, an accomplice instruction, given to the jury. He contended there was no evidence to support the instruction. Mr. Alires was found guilty. He appeals.

ANALYSIS

Did the trial court err in giving an accomplice instruction? Mr. Alires contends the State failed to prove he associated himself with, and participated in, the enterprise with Mr. Trudeau. He argues the evidence shows he was at the scene and tried to flee from it. He points to the lack of evidence supporting any connection with Mr. Trudeau or that he was acting in concert with him. He asserts that because the jury could not have found him guilty on the accomplice theory, it was error to give it.

Under an accomplice theory, the State must prove the substantive crime was committed and the accused acted with knowledge he was aiding in the commission of the offense. RCW 9A.08.020(3); State v. Carothers, 84 Wn.2d 256, 264, 525 P.2d 731 (1974), overruled on other grounds by State v. Harris, 102 Wn.2d 148, 685 P.2d 584 (1984). As long as there is sufficient evidence to support an accom[936]*936plice instruction, jurors are not required to determine which participant acted as a principal and which acted as an accomplice. State v. Hoffman, 116 Wn.2d 51, 104-05, 804 P.2d 577 (1991). Instead, jurors need conclude unanimously only that both the principal and accomplice participated in the crime, but need not be unanimous as to the manner of that participation. Id. at 104.

Here, the evidence indicates Mr. Alires was present at the scene with Mr. Trudeau; they both tried to flee together. Radio and speaker equipment had been moved to a room with an open window. A television was on a chair under an open window, and a portable stereo was outside in the bushes. When Officer Voline arrived at the scene, he heard scraping noises and saw two people running from the building. He also noticed the window sill was painted white, and Mr. Alires had what looked like white paint smeared on his dark clothing. Mr. Alires was sweating profusely when he ran the short distance back to Officer Voline. Given Mr. Alires’s appearance, presence at the scene and his behavior, it is reasonable to infer Mr. Alires knowingly aided in the commission of the offense.

A jury instruction may be given if it is a correct statement of the law and evidence exists to support giving the instruction. State v. Benn, 120 Wn.2d 631, 654, 845 P.2d 289 (1993). The court did not err in giving the accomplice instruction.

Mr. Alires contends he suffered from ineffective assistance of counsel because his lawyer failed to challenge several jurors for cause after they admitted they were biased against Hispanics.

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State v. Alires
966 P.2d 935 (Court of Appeals of Washington, 1998)

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Bluebook (online)
966 P.2d 935, 92 Wash. App. 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-alires-washctapp-1998.