State v. Lampley

151 P.3d 1001, 136 Wash. App. 836
CourtCourt of Appeals of Washington
DecidedNovember 7, 2006
DocketNo. 33701-1-II
StatusPublished
Cited by6 cases

This text of 151 P.3d 1001 (State v. Lampley) 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. Lampley, 151 P.3d 1001, 136 Wash. App. 836 (Wash. Ct. App. 2006).

Opinion

¶1 A Grays Harbor County jury convicted Jerry Lampley of second degree possession of stolen property, based on his knowing possession of a stolen government check with a face value of $621.10. The trial court imposed a sentence consecutive to one imposed by Pierce County. Lampley appeals his conviction and his sentence. Finding no error, we affirm.

Armstrong, J.

FACTS

¶2 Washington State paid Juliaetta Holt monthly for her work as a home care provider. Holt expected to receive a $621.10 check in her mailbox in early September 2004, but she never got it. After she signed an affidavit reporting the check “lost or destroyed” and signed an “affidavit of forged indorsement [sic],”1 Washington issued her a new check, which she received in January or February 2005. Clerk’s Papers (CP) at 34; Report of Proceedings (July 26, 2005) at 36-37. Holt did not know Lampley, did not endorse the stolen check, and did not give it to anyone.

[839]*839¶3 The police found the check in Lampley’s wallet2 approximately six months later, on March 1, 2005. Someone had forged Holt’s endorsement on the back of the check. The police found a single phone number and a partly illegible reference to a car written on the back of the associated check stub.

¶[4 Lampley told the officer he did not know whether the check was stolen. But he admitted he did not know Holt. He thought someone at a casino gave it to him. Lampley said he was keeping the check because he planned to use several phone numbers written on its back to find his father.

¶5 The State charged Lampley in Grays Harbor County Superior Court with second degree possession of stolen property, alleging the check had a value of $621.10. The trial court instructed the jury that the State must prove the stolen property had a value of more than $250. In jury instruction 8, the court told the jury “[t]he value of an instrument constituting evidence of debt, such as a check, is the face value of the indebtedness less any portion thereof which has been satisfied.”3 CP at 38. In his closing argument, Lampley told the jury the original stolen check had no value because Washington satisfied the debt by reissuing Holt’s check.

f 6 After it began deliberating, the jury asked the trial court, “[d]oes reissue equal satisfied?” CP at 31. Over defense objection, the court answered, “The value of a written instrument is not affected by the fact that a replacement may have been issued.” CP at 32-33. The jury convicted Lampley.

[840]*840¶7 After police arrested Lampley for possessing the stolen check in Grays Harbor County, the Pierce County Superior Court sentenced him on March 31, 2005, for a different felony committed in 2002. Lampley was serving the Pierce County sentence when the Grays Harbor County Superior Court sentenced him for possession of the stolen check. Citing RCW 9.94A.589(3),4 the State asked the Grays Harbor Superior Court to impose a standard range sentence consecutive to the Pierce County sentence. The court did so.

ANALYSIS

A. Value of the Stolen Check

¶8 Lampley contends the check had no value because someone falsely endorsed it.

¶9 To convict Lampley of second degree possession of stolen property, the State had to prove Lampley possessed stolen property worth more than $250. RCW 9A-.56.160(l)(a). The value of a stolen check is defined in RCW 9A.56.010(18)(b)(i):

The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

In defining value, the statute focuses on what the face of the instrument proclaims.

¶10 By setting the value of the stolen check at its face amount, the statute focuses on and attributes value to the [841]*841instrument’s negotiability. See RCW 62A.3-104 (defining “negotiable instrument”). Negotiable instruments are “negotiable” because they can themselves be transferred or “negotiated” in transactions independent of the original obligation between the maker or drawer and the payee. See RCW 62A.3-201 through -207; see generally James J. White & Robert S. Summers, Uniform Commercial Code §§ 13-1, 13-9 through 13-10 (3d ed. 1988). A transferee can enforce the instrument; a transferee who is a “holder in due course” can usually enforce the instrument even if the original payee could not. RCW 62A.3-203(b), 3-301 through -312; White & Summers, supra, §§ 14-1, 14-9 through -10. And “ ‘the convenience and necessities of commerce require negotiable instruments which can pass almost as freely in the commercial world as legal tender, and demand, consequently, the protection of those holding them in due course.’ ” State v. Easton, 69 Wn.2d 965, 970 n.1, 422 P.2d 7 (1966) (quoting 11 Am. Jur. 2d Bills and Notes § 399).

¶11 Interpreting a previous but similar statutory definition of value,5 our Supreme Court held the value of a stolen genuine check is the face value, even when the check drawer has stopped payment because of the theft. Easton, 69 Wn.2d at 970-71. In Easton, the United States Treasury issued the check; when the owner reported the theft, the government stopped payment and issued a new check. Easton, 69 Wn.2d at 966-67.6 These actions, not reflected on the face of the check, did not reduce its value.

¶12 But a stolen check bearing the forged signature of the purported drawer does not actually evidence a debt and [842]*842its value is zero, not the amount declared on its face. State v. Skorpen, 57 Wn. App. 144, 148-49, 787 P.2d 54 (1990). Skorpen distinguished stolen forged checks from genuine checks signed by the drawer but later stolen. Skorpen, 57 Wn. App. at 148.

¶13 One endorses a check to negotiate it, not to create it. RCW 62A.3-104, -201(b), -204. By definition, an endorsement is not the signature of the drawer. RCW 62A.3-204(a). By endorsing the check, the endorser creates a separate contract and potential liability separate from the drawer or drawee. RCW 62A.3-204, -415.

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Related

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309 P.3d 1209 (Court of Appeals of Washington, 2013)
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State v. Lampley
135 Wash. App. 1040 (Court of Appeals of Washington, 2006)

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Bluebook (online)
151 P.3d 1001, 136 Wash. App. 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lampley-washctapp-2006.