State v. Bartlett

907 P.2d 1196, 128 Wash. 2d 323
CourtWashington Supreme Court
DecidedDecember 14, 1995
Docket62055-5
StatusPublished
Cited by19 cases

This text of 907 P.2d 1196 (State v. Bartlett) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bartlett, 907 P.2d 1196, 128 Wash. 2d 323 (Wash. 1995).

Opinions

Smith, J.

— Petitioner Adam L. Bartlett seeks review of a decision of the Court of Appeals, Division One, which upheld an aggravated exceptional sentence imposed by the King County Superior Court upon his conviction for murder in the second degree. We granted review "only on the issue of whether the trial court violated the Sentencing Reform Act in treating the facts underlying petitioner’s 1988 assault conviction as a reason for imposing an exceptional sentence for the present murder conviction.” We answer the question in the negative and affirm.

Question Presented

The question presented in this case is whether, consistent with the purpose of the Sentencing Reform Act of 1981, RCW 9.94A, facts underlying a defendant’s prior assault conviction may be relied upon to show "enhanced culpability” as a basis for imposing a sentence above the standard range for the defendant’s current felony murder conviction.

Statement of Facts

Petitioner Adam L. Bartlett was at home with his three-week-old son, Brandon, on the night of November 6, 1990, while his wife, Ms. Teri Bartlett, was working the late shift at her job in a convenience store. At 1:00 a.m., Petitioner telephoned his wife and told her Brandon was breathing erratically. She asked if she should come home, but he told her not to because they needed the money. He gave Brandon a warm bath as his wife suggested.

[326]*326Petitioner telephoned his wife again about 2:00 a.m. because it seemed Brandon had stopped breathing. He again told her not to leave work. He then gave Brandon a cool bath and the baby’s breathing improved. About an hour and a half later, Petitioner telephoned his wife a third time, told her Brandon’s breathing was erratic and asked her to come home.

When Ms. Bartlett arrived home at 6:00 a.m., she found both Brandon and Petitioner sleeping. She gave the baby a bath. Without waking up, the baby began to gasp for air. Ms. Bartlett awakened her husband, Petitioner, and told him to take the baby to the hospital, about a three-minute drive from their home. He refused and said he wanted to sleep. Brandon later stopped breathing normally and again gasped for air. Ms. Bartlett then insisted they take the baby to the hospital. Petitioner tried unsuccessfully to perform CPR on Brandon before they left.

When the emergency room admitting clerk at Highline Hospital asked Petitioner Bartlett what had happened, he replied, "The damn thing kept me up all night.”1 Brandon was then airlifted to Harborview Hospital in Seattle. The police questioned Petitioner. He said he had been feeding Brandon at 10:00 p.m. when the baby began to choke. He said he bounced Brandon off his hand for two seconds, and Brandon resumed eating.2 He said he telephoned his wife at 1:00 a.m. when Brandon awoke and was breathing with difficulty. Petitioner said he did not call 911 because he did not believe he could afford the cost. He said the baby had not fallen and had not been bumped.

Petitioner Bartlett was later arrested and charged with second-degree assault and second-degree criminal mistreatment. Three physicians testified at trial—Dr. Kenneth Feldman, M.D., Dr. David W. Newell, M.D. and Dr. William Clark, M.D.

According to Dr. Feldman, who is board certified in [327]*327pediatrics, Brandon sustained severe head injuries consistent with dramatic acceleration and deceleration, such as when an infant, whose neck cannot support his head, is violently shaken. He concluded Brandon’s injuries were not accidental. "While Dr. Feldman said certain treatments can prevent some brain damage if administered promptly after such an incident, he could not say whether those treatments would have helped Brandon. He did say, however, that the risk of permanent brain injury was increased because Brandon did not receive prompt care.

According to Dr. Newell, a neurosurgeon, the force required to produce Brandon’s injuries was equivalent to the force of a high-speed car accident or a fall from a window. He said Brandon would have been unconscious immediately after the incident. He also indicated the best chance to survive a severe head injury occurs when treatment is given promptly.

According to Dr. Clark, who is board certified in pediatric critical care medicine and anesthesiology, it possibly might have made a difference if Brandon had been taken to a hospital immediately after the incident.

On April 4, 1991, a jury found Petitioner Bartlett "guilty” of second-degree assault and second-degree criminal mistreatment. On April 23, 1991, Brandon died from his injuries. The State then on May 20,1991 filed an information in the King County Superior Court charging Petitioner with murder in the second degree under RCW 9A.32.050(1)(b), based on the predicate felonies of second-degree assault and second-degree criminal mistreatment.

The State filed an amended information on July 22,1991 that "more accurately reflects criminal conduct, charge, and lesser crime of manslaughter I.” Petitioner waived a jury trial and proceeded to trial upon stipulation for admission in evidence of relevant police, autopsy and pathology reports, and testimony from his prior trial for second-degree assault and criminal mistreatment. On July 22, 1991 the Honorable R. Joseph Wesley found Petitioner "guilty” of murder in the second degree based upon the [328]*328predicate felony of second-degree assault.3 The court initially concluded the State had not proved beyond a reasonable doubt that criminal mistreatment—withholding medical care—caused Brandon’s death,4 but later concluded to the contrary.5

The court imposed a sentence within the standard range for the criminal mistreatment conviction, but did not sentence Petitioner for the second-degree assault conviction, concluding that it merged with the murder conviction.6 In a judgment and sentence signed August 8, 1991, the court imposed a sentence of 432 months for the second-degree murder conviction, which was above the standard range of 144 to 196 months.7 As reasons justifying an aggravated exceptional sentence, the court concluded that Brandon was particularly vulnerable and that Petitioner exhibited callous disregard for human life indicative of an especially culpable mental state. In reaching the conclusion on Petitioner’s mental state, the court relied mainly upon facts surrounding Petitioner’s conviction in 1988 for second-degree assault upon his then two-month-old son, Adam, Jr., from which the infant suffered permanent brain damage. In its oral ruling, the court stated there was evidence of callous disregard

. . . based upon the prior conviction, the general similarity of the crime, the failure of the defendant to be able to conform his behavior following his conviction for that crime, of inability of him to conform his behavior to appropriate standards, and the lack of the follow through once the injury in this case was inflicted. The attitude that was evidenced with it, statements and conduct of the defendant following [329]*329this incident, I think, are reflective of an enhanced culpability. . . [8]

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State v. Bartlett
907 P.2d 1196 (Washington Supreme Court, 1995)

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Bluebook (online)
907 P.2d 1196, 128 Wash. 2d 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bartlett-wash-1995.