State v. Bowman

678 P.2d 1273, 36 Wash. App. 798, 1984 Wash. App. LEXIS 2707
CourtCourt of Appeals of Washington
DecidedMarch 5, 1984
Docket11575-8-I; 11578-2-I
StatusPublished
Cited by29 cases

This text of 678 P.2d 1273 (State v. Bowman) 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. Bowman, 678 P.2d 1273, 36 Wash. App. 798, 1984 Wash. App. LEXIS 2707 (Wash. Ct. App. 1984).

Opinions

Swanson, J.

Ronnie Eugene Bowman, a/k/a Ronald Eugene Jackson, a/k/a Sammie Jackson (Bowman), appeals his convictions of multiple criminal offenses of rape, burglary, robbery, kidnapping, theft, negligent homicide, felony flight, as well as his sentences rendered pursuant to deadly weapon, firearm, and habitual criminal findings. His convictions and sentences result from charges filed in two separate causes consolidated for this appeal.

In the first cause hereinafter referred to as the " negligent homicide case" Bowman was convicted of attempting to elude a pursuing police officer contrary to RCW 46.61.024 ("felony flight") and negligent homicide after a jury trial on July 1, 1981.1

The second cause involves a 13-count amended information hereinafter referred to as the "rape cases."2 The "rape [801]*801cases" stem from three separate incidents of alleged first degree rape and other criminal offenses which were severed for trial and heard by three separate juries.3

The trial of the first of the "rape cases," the alleged rape of a Seattle housewife, hereinafter referred to as Mrs. G., counts 1 through 5, resulted in a June 17, 1981 guilty verdict, and special verdict deadly weapon and firearm findings, as to all five counts.

The second jury trial heard on June 18, 1981 involved counts 6 and 7, burglary and robbery charges, and resulted in a not guilty verdict.

The third jury trial, including counts 8 through 13, involved two separate rape incidents wherein a university student and a Seattle career woman, hereafter referred to as Ms. H. and Mrs. R. respectively, were the victims. The jury returned a guilty verdict on June 29, 1981 on all counts and by special verdict found that the defendant had been armed with a deadly weapon during the commission of each of the crimes charged and specifically with a firearm on counts 8 through 10.

After the verdicts were rendered in the three prior trials, the State filed a supplemental information under the "rape cases" cause number alleging Bowman to be a habitual offender. Based upon three prior guilty pleas, the jury returned with a habitual criminal finding.

Thereafter, judgment and sentence was entered in each cause on March 23, 1982 and this appeal followed. We [802]*802affirm in part and reverse in part.

I

Negligent Homicide and "Felony Flight" Case

Bowman contends that the judgment and sentence for attempting to elude a pursuing police officer in violation of RCW 46.61.024 ("felony flight"), must be vacated because RCW 46.61.024 was not in effect during the time the acts that formed the basis for the charge allegedly occurred. We agree. The State acknowledges in its brief that Bowman committed the offense during a period when the Legislature had inadvertently decriminalized the offense. State v. Weber, 99 Wn.2d 158, 659 P.2d 1102 (1983). Consequently, we reverse the "felony flight" conviction.4

II

The "Rape Cases"

A. First Rape Trial (counts 1 to 5).

On the basis of the evidence presented, a jury was entitled to find that on December 22, 1980, Bowman broke into the home of Mrs. G. and robbed and raped her at gunpoint. He also robbed Mrs. G.'s daughter at gunpoint. Although Bowman had threatened to shoot, no bullets were fired and no gun was discovered or introduced into evidence.

The jury found Bowman guilty of having committed first degree burglary (count 1), first degree rape (count 2), first degree theft (count 5), and two counts of first degree robbery (counts 3 and 4), all committed while armed with a deadly weapon and firearm. At sentencing and under the authority of State v. Workman, 90 Wn.2d 443, 453, 584 P.2d 382 (1978) and State v. Hale, 26 Wn. App. 211, 611 P.2d 1370 (1980), review denied, 95 Wn.2d 1030 (1981), the court struck the firearm findings as to all counts except first degree theft.

Bowman does not challenge the sufficiency of the evidence to support the convictions under counts 1 to 5. He assigns error, however, to the court's entering "deadly [803]*803weapon" and "firearm" special verdicts to counts 1 to 5 and count 5 respectively. He asserts that there was insufficient evidence to prove the existence of a real, operable gun in fact.

The special verdict forms specifically required the jury to be "satisfied beyond a reasonable doubt" that Bowman was armed with a deadly weapon/firearm in fact at the time that he committed the crimes. Thus, this fulfilled the requirements of State v. Pam, 98 Wn.2d 748, 659 P.2d 454 (1983) and State v. Tongate, 93 Wn.2d 751, 613 P.2d 121 (1980).

The remaining question raised by Bowman's assignment of error is whether there is sufficient evidence viewed in the light most favorable to the State from which a rational trier of fact could conclude beyond a reasonable doubt that Bowman was armed with a real gun during the commission of these crimes. State v. Green, 94 Wn.2d 216, 616 P.2d 628 (1980). The State need not introduce the actual deadly weapon at trial. "The evidence is sufficient if a witness to the crime has testified to the presence of such a weapon, as happened here. . . . The evidence may be circumstantial; no weapon need be produced or introduced." Tongate, at 754.

The record contains sufficient evidence to support the jury's conclusion: Mrs. G. described the gun in detail and on cross examination stated that "there was no question in my mind whatsoever" that it was a real gun. Further, the defendant's threats to use the gun added additional credence to the jury's conclusion.

[A defendant's] express verbal threat to "shoot" his victim necessarily implied that he had access to a firearm capable of killing or seriously injuring his victim. We have previously held that a firearm is unambiguously a deadly weapon.

State v. Hentz, 99 Wn.2d 538, 541, 663 P.2d 476 (1983). After a careful review of the record, we are convinced that there is sufficient evidence to support the firearm and deadly weapon findings.

[804]*804B. Second Rape Trial (counts 8 to 13).

This trial, as was previously mentioned, involved two allegedly similar episodes of rape. The counts arising from these episodes were initially severed, but subsequently ordered rejoined and tried together.

In the first incident, the victim, Ms. H., testified that on March 10, 1981, Bowman approached her in the Lander Hall parking garage at the University of Washington, shielding his face with one hand and pointing a gun at her with the other. He robbed her of money and keys, directed her to a darkened stairwell, forced her to strip, raped her, and then fled in her car.

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

Related

State of Washington v. Dennis Jerome Sleeper
Court of Appeals of Washington, 2022
State Of Washington v. Simon Puot Solomon
Court of Appeals of Washington, 2016
State Of Washington v. Howard Lee Ross
Court of Appeals of Washington, 2016
State Of Washington v. David Thompson
Court of Appeals of Washington, 2016
State of Washington v. Christopher Michael Tasker, II
373 P.3d 310 (Court of Appeals of Washington, 2016)
State Of Washington, V Jonathan Levi Dunn
Court of Appeals of Washington, 2015
State Of Washington v. Liban Hassan Adem
Court of Appeals of Washington, 2014
State Of Washington, Resp. v. Kevin Volante, App.
Court of Appeals of Washington, 2013
State Of Washington v. Deshone v. Herbin
Court of Appeals of Washington, 2013
State v. Nelson
152 Wash. App. 755 (Court of Appeals of Washington, 2009)
State v. McKee
167 P.3d 575 (Court of Appeals of Washington, 2007)
State v. Foxhoven
163 P.3d 786 (Washington Supreme Court, 2007)
State v. Gray
606 N.W.2d 478 (Nebraska Court of Appeals, 2000)
State v. Finch
975 P.2d 967 (Washington Supreme Court, 1999)
State v. Anderson
971 P.2d 585 (Court of Appeals of Washington, 1999)
State v. Faust
967 P.2d 1284 (Court of Appeals of Washington, 1998)
State v. Bright
129 Wash. 2d 257 (Washington Supreme Court, 1996)
State v. Carlson
828 P.2d 30 (Court of Appeals of Washington, 1992)
State v. Longuskie
801 P.2d 1004 (Court of Appeals of Washington, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
678 P.2d 1273, 36 Wash. App. 798, 1984 Wash. App. LEXIS 2707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bowman-washctapp-1984.