State v. Amodio

40 P.3d 1182, 110 Wash. App. 359
CourtCourt of Appeals of Washington
DecidedFebruary 21, 2002
DocketNo. 19880-4-III
StatusPublished
Cited by2 cases

This text of 40 P.3d 1182 (State v. Amodio) 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. Amodio, 40 P.3d 1182, 110 Wash. App. 359 (Wash. Ct. App. 2002).

Opinion

Schultheis, J.

— A search warrant issued by a Spokane County district court commissioner led to the arrest and conviction of Michael Amodio for second degree unlawful possession of a firearm. Before trial, Mr. Amodio unsuccessfully challenged the validity of the warrant, arguing that the office of the district court commissioner was not created pursuant to the requirements of RCW 3.38.020. On appeal, Mr. Amodio contends (1) the district court commissioner was not properly appointed; (2) the trial court abused its discretion by admitting certain evidence; and (3) the evidence is insufficient to support the verdict. We find that the County’s districting plan adequately complies with RCW 3.38.020. Further finding that the evidence, properly admitted, supports the verdict, we affirm.

Facts

In March 2000, District Court Commissioner Robert Seines signed a search warrant authorizing the search of a residence at E. 2224 Everett, Spokane, for evidence of methamphetamine use, manufacture, and delivery. The affidavit supporting the request for the warrant indicated that current power records listed the subscribers at the residence as Michael and Linda Amodio.

Officers executed the warrant on April 5, 2000. They found Ms. Amodio in a main floor bedroom and another female in the basement living area. Mr. Amodio was not in the residence and did not appear during the search. Detective Kevin Langford searched about one-half of the bedroom. He found female clothing in that area, and a locked [362]*362wooden box. On the carved lid of the box, written in permanent marker, was the word “Mike’s.” Another officer unscrewed the clasp, opened the box, and discovered multiple knives and one old-style gunpowder revolver.

Because Mr. Amodio had a previous felony conviction, the State charged him with one count of second degree unlawful possession of a firearm, RCW 9.41.040(l)(b)(i). He moved for suppression of the revolver, based in part on his argument that the warrant was signed by a district court commissioner who had been appointed without proper legal authority. The motion was denied.

At trial, Mr. Amodio objected to admission of testimony regarding the word “Mike’s” written on the wooden box. The trial court rejected his argument that the writing was hearsay, and allowed admission of a photograph of the box. To support its case that Mr. Amodio lived in the residence, the State also attempted to admit several documents found at the scene. Only one was admitted, over defense objection: a notice from the district court to Mr. Amodio concerning a fine. The notice was addressed to Mr. Amodio at 2223 E. Everett, rather than the actual address of 2224 E. Everett. The trial court redacted the name of the court and the offense from this document. After unsuccessfully moving to dismiss for insufficient evidence of constructive possession, Mr. Amodio rested his defense. The jury found him guilty of the offense and the court imposed a standard range sentence of six months.

Appointment of the District Court Commissioner

Mr. Amodio contends the trial court erred in concluding that the Spokane County district court commissioner had authority to issue the search warrant. He assigns no error to the findings of fact filed in the denial of his motion to suppress; accordingly, those findings are verities on appeal. State v. Hill, 123 Wn.2d 641, 644, 870 P.2d 313 (1994). We review the conclusions of law de novo. State v. Johnson, 128 Wn.2d 431, 443, 909 P.2d 293 (1996).

[363]*363We begin by noting that in order to be valid, a warrant must be issued by a magistrate with the legal authority to issue it. City of Seattle v. McCready, 123 Wn.2d 260, 272, 868 P.2d 134 (1994). A warrant issued by a magistrate without the authority to do so “has no more validity than a warrant signed by a private citizen, and can no more serve as the authority of law necessary to satisfy the requirements of Const, art. 1, § 7.” Id. Consequently, if Commissioner Seines did not have authority to issue the search warrant, then all evidence discovered at 2224 E. Everett should have been excluded as the fruit of an unlawful search. The question we address is whether the office of district court commissioner was properly created according to statute.

When authorized by the districting plan, “one or more district court commissioners may be appointed in any district by the judges of the district.” RCW 3.42.010. The districting plan is created by a district court districting committee pursuant to RCW 3.38.020, which provides that the plan “shall” include, among other provisions, “[t]he number and location of district court commissioners to be authorized, if any.” RCW 3.38.020(5). After the plan is developed by the districting committee, the county legislative authority (the board of county commissioners) holds a public hearing, and may adopt the plan as it is written or as it is amended. RCW 3.38.030.

In 1962, the Spokane County commissioners adopted a districting plan in resolution 62-169. The plan, codified as Spokane County Code (SCC) 1.16.040, provided that the justices of the peace (now called district court judges, RCW 3.30.015) in the Spokane district could appoint one justice court (now called district court, RCW 3.30.015) commissioner in each of the following locations: Cheney, Deer Park, Airway Heights, Millwood, Medical Lake, and Spangle. The districting plan was amended by resolution in 1978, creating one district court instead of four within the boundaries of Spokane County. By this new amendment, SCC 1.16.040 codified the provision challenged by Mr. Amodio: “The [364]*364justices of the peace of the Spokane District may appoint one or more justice court commissioners having those powers as enumerated in RCW Section 3.42.020.” Clerk’s Papers at 37.

Citing State v. Moore, 73 Wn. App. 805, 871 P.2d 1086 (1994), Mr. Amodio contends the 1978 amendment to SCC 1.16.040 fails to satisfy the requirements of RCW 3.38.020 that the districting plan include the number and location of the district court commissioners. In Moore, Skamania County had adopted a districting plan that did not include a provision authorizing appointment of district court commissioners.

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Related

State v. Jackson
46 P.3d 257 (Court of Appeals of Washington, 2002)

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Bluebook (online)
40 P.3d 1182, 110 Wash. App. 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-amodio-washctapp-2002.