State v. Drum

225 P.3d 237, 168 Wash. 2d 23
CourtWashington Supreme Court
DecidedJanuary 21, 2010
DocketNo. 81498-8
StatusPublished
Cited by138 cases

This text of 225 P.3d 237 (State v. Drum) 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. Drum, 225 P.3d 237, 168 Wash. 2d 23 (Wash. 2010).

Opinions

Stephens, J.

¶1 This case requires us to determine the effect of a stipulation to the sufficiency of the evidence in a drug court contract, as well as whether the inference of criminal intent allowed under RCW 9A.52.040 constitutes an impermissible mandatory presumption. Patrick Drum entered into a contract to participate in drug court, which provided for the eventual dismissal of a residential burglary charge if Drum successfully completed a substance abuse treatment program. The contract required Drum to stipulate that the facts set forth in the investigation reports, witness statements, and laboratory tests were true and sufficient to support a finding of guilt. After waiting in custody for 42 days for a bed to open up at a treatment facility, Drum requested to leave the drug court program. His case was then set for a bench trial, at which the trial court found Drum guilty of residential burglary. The Court of Appeals affirmed Drum’s conviction, holding that he waived any right to raise evidentiary issues on appeal and the drug court contract did not violate due process. We affirm Drum’s conviction, though on different grounds.

[27]*27FACTS AND PROCEDURAL HISTORY

¶2 On September 28, 2004, Drum was arrested for residential burglary in Port Townsend. The victim discovered Drum in her kitchen, ran out of her house, and called police. A short while later, a neighbor saw Drum leave the victim’s residence and walk into the next yard, where the police arrested him. The State charged Drum with residential burglary, an element of which is the “intent to commit a crime against a person or property” in the residence. Clerk’s Papers at 1.

¶3 At his preliminary appearance, Drum told the court he had been “highly intoxicated” and had not intended to commit a crime in the residence. Verbatim Report of Proceedings (VRP) at 5. He later claimed he had wanted to use the phone. Drum moved for a reduction in the charge on the ground that he did not intend to commit a crime in the house. The judge denied the motion, noting that intent to commit a crime could be inferred from the unlawful entry.

¶4 On October 15, 2004, Drum petitioned for entry into a drug court program so that he could receive treatment for “a significant substance abuse problem.” VRP at 20-21. The State conceded that Drum’s offense was likely substance abuse related.

¶5 On October 29, 2004, Judge Craddock Verser held a hearing to approve Drum’s petition for entry into drug court. At the hearing, Drum presented a signed drug court contract (Contract). The Contract contained the following relevant language:

Defendant agrees:
16. That it is the Judge’s decision to determine when the defendant has earned the ability to graduate from the Program and to determine when termination from the Program will occur.
17. That if the defendant chooses to leave the Program within the first two weeks after signing the Drug Court [28]*28Contract, withdrawal will be allowed, this contract will be declared null and void, and the defendant will assume prosecution under the pending charge(s) as if this contract had never been agreed to. The defendant agrees that this ability to withdraw from the terms of this contract will cease after the period of two weeks following the effective date of this contract and thereafter the defendant shall remain in the Program until graduation unless his/her participation is terminated by the Court. The defendant further agrees that the ability to withdraw from the terms of this contract will cease within the first two weeks, if he/she has committed a willful violation of this contract for which, in the judgment of the Court, he/she may be terminated from the program.
19. If the defendant is terminated from the Program, the defendant agrees and stipulates that the Court will determine the issue of guilt on the pending charge(s) solely upon the enforcement/investigative agency reports or declarations, witness statements, field test results, lab test results, or other expert testing or examinations such as fingerprint or handwriting comparisons, which constitutes the basis for the prosecution of the pending charge(s). The defendant further agrees and stipulates that the facts presented by such reports, declarations, statements and/or expert examinations are sufficient for the Court to find the defendant guilty of the pending charge(s).
Defendant acknowledges an understanding of, and agrees to waive the following rights:
1. The right to a speedy trial;
2. The right to a public trial by an impartial jury in the county where the crime is alleged to have been committed;
3. The right to hear and question any witness testifying against the defendant;
4. The right at trial to have witnesses testify for the defense, and for such witnesses to be made to appear at no expense to the defendant; and
5. The right to testify at trial.
My attorney has explained to me, and we have fully discussed all of the above paragraphs. I understand them all and [29]*29wish to enter into this Drug Court Contract. I have no further questions to ask the Judge.

Suppl. Clerk’s Papers at 19, 21-24 (emphasis added). Prior to accepting the Contract, Judge Verser engaged in the following colloquy with Drum:

THE COURT: . . . I’ve got here a Drug Court Contract, Mr. Drum. Did you review that thoroughly with [your attorney]?
MR. DRUM: Yes, I did.
THE COURT: Do you understand what you’re getting into?
MR. DRUM: Yes, I do.
THE COURT: This is not an easy way to get out of a felony conviction. It requires a lot of effort on your part, and you’ll be under the scrutiny of the court for the next at least two years, do you understand that?
MR. DRUM: Yes, I do.
THE COURT: And that jail time will be imposed if you violate the conditions of your agreement with the court, and sometimes you end up getting more jail time in Drug Court than you would by pleading guilty, just because you can’t stay straight, you know that?
MR. DRUM: Yes, I do.

VRP at 31-32. Drum was remanded into custody until a bed became available at a treatment facility.

¶6 Forty-two days later, on December 10, 2004, Drum was still in custody awaiting a treatment placement and asked to be released from the Contract. The court granted the request and set the case for a jury trial. Because Drum’s request occurred more than two weeks after the effective date of the Contract, the State moved for a bench trial based on the contract provision waiving the right to a jury trial. The court granted the motion and scheduled a bench trial.1

¶7 Trial was held on January 21, 2005. Over the objection of the State, Judge Verser asked for argument and also [30]*30allowed Drum to address the court.

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Cite This Page — Counsel Stack

Bluebook (online)
225 P.3d 237, 168 Wash. 2d 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-drum-wash-2010.