State v. Chapman

140 Wash. 2d 436, 2000 WL 489606
Washington Supreme Court·Decided April 27, 2000·No. No. 68416-2·Published·Cited by 108 cases

Opinion

Smith, J.

Petitioner State of Washington seeks review of a decision by the Court of Appeals, Division Two, which reversed a Thurston County Superior Court conviction of Respondent Gregory Wayne Chapman for a class C felony violation of a domestic violence protection order under RCW 26.50.110(5). The Court of Appeals concluded Respondent was not subject to criminal prosecution for violation of the protection order which prohibited him from coming within one mile of Ms. Lisa Titchell’s residence. We granted review. We reverse.

QUESTIONS PRESENTED

The questions presented in this case are: (1) whether a third violation of a domestic violence protection order, which prohibits Respondent from coming within one mile of a named person’s residence, when Respondent has two prior convictions for violation of domestic violence no-contact orders, constitutes a class C felony under RCW 26.50.110(5) although Respondent did not enter the residence; and (2) whether there is a basis for sanctions against Petitioner State of Washington under RAP 18.9 for filing a petition for review which Respondent asserts was “unfounded in law and improper in purpose.”

STATEMENT OF FACTS

The facts in this case are not in dispute. On April 8, 1998, the Thurston County Superior Court, Commissioner Pro Tempore Jean E. Meyer, granted Ms. Lisa Titchell’s petition for an order of protection against Respondent Gregory W Chapman.1 The significant portion of the order provided that:

[439] Respondent is RESTRAINED from causing physical harm, bodily injury, assault, including sexual assault, and from molesting, harassing, threatening, or stalking [Lisa Titchell, Gregory Chapman, Jr., and Christina Echevarria]:
Respondent is RESTRAINED from coming near and from having any contact whatsoever, in person or through others, by phone, mail, or any means, directly or indirectly, except for mailing of court documents, with [Lisa A. Titchell, Gregory Wayne Chapman, Jr., and Christina Echevarria]:
If both parties are in the same location, respondent shall leave.
Respondent is EXCLUDED from entering or coming within one mile (distance) of petitioner’s residence. At present petitioner’s address is the following: 8030 S.E. 3rd Ave., Apt. B, Lacey, WA, and any other residence.
Restrain respondent from entering or being within one mile (distance) of my [sic] [Lisa A Titchell’s] residence, school, daycare or school of the minors . . . SPCCC; Olympic View Elementary, Creative Discovery Day Care.[2]

(Emphasis added.)

On June 7, 1998, Ms. Rosanna L. Cowan observed Respondent twice, while her mother, Ms. Gwen H. Abba, observed him three times on that day.2 3 On the second occasion, Ms. Cowan noticed Respondent standing in some bushes on the corner of Bicentennial and Third Avenue, across the street from Ms. Titchell’s apartment complex in Lacey Washington.4 Respondent saw Ms. Cowan and began [440] walking toward her.5 Aware of the order of protection Ms. Titchell had obtained against Respondent, she was frightened and ran upstairs to inform her mother that he was outside.6

The mother, Ms. Abba, went downstairs, looked around the corner, and verified it was Respondent.7 She then went to tell Ms. Titchell Respondent was outside. Ms. Titchell at the time was with her two children, ages 4 and 11, in a park behind her apartment complex. After Ms. Abba’s warning, Ms. Titchell walked around the building and observed Respondent behind a bush approximately 50 to 75 feet from her front door.8 Respondent saw her and “took off.”9 She telephoned 911 to report Respondent’s violation of the protection order.10 Thurston County Deputy Sheriff Gary Daurelio responded to the call. He apprehended Respondent about one-eighth of a mile from Ms. Titchell’s apartment complex at approximately 3:30 p.m.11

On June 17, 1998, the Thurston County Prosecuting Attorney filed an information in the Thurston County Superior Court charging Respondent with one count of felony violation of a no-contact order under RCW 26.50-.110(5) (later amended to charge violation of an “order of protection”).12 The case proceeded to a jury trial before the Honorable Gary R. Tabor on August 12, 1998. At the outset [441] of trial, Respondent made a motion to dismiss, claiming he could not be held criminally liable under RCW 26.50.110 for violation of an order of protection that prohibited him from coming within one mile of the residence of Ms. Titch-ell and her children because the Superior Court had no authority to enter such an order.13 The trial court denied the motion.14

At trial, the parties stipulated that Respondent had been convicted of two previous violations of no-contact orders.15 At conclusion of the State’s case, Respondent again moved to dismiss, arguing he did not commit a crime under RCW 26.50.110.16 The trial court denied the motion, stating “the provision that excluded the defendant from coming within one mile of [Ms. Titchell’s] residence, a specifically named location, is clearly a restraint provision under [RCW] 26.50.060(l)(b) excluding the [Respondent from the dwelling.”17 The court reasoned that “excluding a person from a dwelling can include a reasonable area surrounding the dwelling.”18

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State v. Chapman, 140 Wash. 2d 436, 2000 WL 489606 (Wash. 2000).

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