State v. Liden

156 P.3d 259
CourtCourt of Appeals of Washington
DecidedApril 17, 2007
Docket34290-1-II
StatusPublished
Cited by24 cases

This text of 156 P.3d 259 (State v. Liden) 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. Liden, 156 P.3d 259 (Wash. Ct. App. 2007).

Opinion

156 P.3d 259 (2007)

STATE of Washington, Appellant/Cross-Respondent,
v.
Scott Michael LIDEN, Respondent/Cross-Appellant.

No. 34290-1-II.

Court of Appeals of Washington, Division 2.

April 17, 2007.

*260 James C. Powers, Thurston County Prosecuting Attorney Office, Olympia, WA, for Appellant/Cross-Respondent.

Sharonda Thompson Amamilo, The Law Office of Amamilo and Associates, Tacoma, WA, for Respondent/Cross-Appellant.

Hunt, J.

¶ 1 The State appeals the trial court's dismissal of Scott Michael Liden's jury conviction for first degree robbery of a financial institution. The State (1) argues that there was sufficient evidence for the jury's verdict, specifically that Liden robbed a "financial institution" within the meaning of RCW 9A.56.200(1)(b); and (2) asks us to reinstate the conviction for first degree robbery. Liden cross-appeals the trial court's entry of a conviction for second degree robbery, as a lesser included offense in place of the dismissed first degree robbery conviction. Liden contends that (1) the Legislature did not contemplate second degree robbery as a lesser included offense for first degree robbery of a financial institution; and (2) therefore, the trial court's substituting second degree for first degree robbery was error.

*261 ¶ 2 Holding that the State provided sufficient evidence that the bank Liden robbed was a "financial institution," we (1) reverse the trial court's substitution of second degree robbery for the jury's first degree robbery conviction and (2) remand to the trial court to reinstate Liden's first degree robbery conviction and to resentence him accordingly.

FACTS

I. ARMED ROBBERY

¶ 3 Neither party disputes the essential facts. On February 5, 2004, Liden entered Heritage Bank in Tumwater, Washington, and stood in line awaiting assistance. When Holly Tagavilla, a Heritage Bank teller, motioned Liden to approach her window, Liden told her that he wished to make a withdrawal from his checking account. Tagavilla gave him a bank counter check,[1] which Liden filled out and returned to Tagavilla. Liden had written the counter check out for cash to Steve Wilson, but he had failed to provide an account number.

¶ 4 When Tagavilla returned the counter check to Liden for the account number, Liden turned the check over and wrote the words "I have a gun" on the back of the check. Report of Proceedings (RP) (Dec. 5, 2005) at 9. Liden then requested hundred-and twenty-dollar bills. As Liden demanded, Tagavilla gave Liden approximately $1,800 in hundred- and twenty-dollar bills.

¶ 5 When Liden left the bank, Tagavilla screamed out that she had been robbed, prompting the bank to lock down quickly. The police arrived shortly thereafter.

¶ 6 Several days later, police arrested Liden at a bus station in Salem, Oregon.

II. PROCEDURE

¶ 7 The State charged Liden with first degree robbery in violation of RCW 9A.56.200(1)(a).

A. Trial

¶ 8 At trial, the State elicited testimony from three eyewitnesses who had been at the bank during the robbery: Tagavilla, John Morris, and Steve Venable. Tagavilla testified that she was employed as a bank teller at Heritage Bank and that she was working at the time Liden threatened her and demanded the bank's money. Tagavilla also identified the robbery note Liden had written on the back of the counter check before he handed it to her and noted that the back of the counter check contained the phrase, "Reserved for Financial Institution Use." Exhibit (Ex.) 3. The trial court admitted the counter check into evidence.

¶ 9 Morris testified that (1) at the time of the incident, he was at the Tumwater branch of Heritage Bank to make a financial deposit because he regularly did his banking there; (2) he observed Liden as they both were waiting in line for a bank teller; and (3) Liden asked him where the bank's deposit slips were located.

¶ 10 Venable testified that he had entered the bank just after the incident and heard Tagavilla scream that she had been robbed. At the same time, he saw Liden run past him, exit the bank, and run away in a southerly direction.

¶ 11 At the close of the State's case-in-chief, Liden moved to dismiss the first degree robbery charge. He argued that the State had failed to elicit sufficient evidence that the robbery had occurred at a "financial institution" as defined in RCW 7.88.010(6) or RCW 35.38.060. The trial court denied Liden's motion, ruling that a reasonable juror could infer that Heritage Bank was a "financial institution" based on the circumstantial evidence.

¶ 12 Liden submitted testimony to support a diminished capacity defense. He called a witness who testified that Liden was in a cocaine-induced psychosis at the time of the robbery.

¶ 13 After both parties rested, Liden again moved to dismiss the first degree robbery charge based on insufficient evidence. The trial court again denied the motion.

*262 ¶ 14 Liden proposed, and the trial court gave, a jury instruction that second degree robbery is a lesser included offense of first degree robbery. The trial court also instructed the jury on the definition of a "financial institution" based on the statutory language.[2] The record does not show that Liden objected to this latter instruction.

¶ 15 The jury found Liden guilty of first degree robbery.

B. Post-Trial Motion

¶ 16 Liden filed a CrR 7.4 motion to arrest judgment for insufficiency of evidence. He again argued that the State had failed to provide direct evidence that Heritage Bank was lawfully engaged in business or possessed lawful authorization to accept deposits, as the statute required for a first degree robbery conviction. Liden asked the trial court to dismiss the jury's first degree robbery verdict and to substitute a conviction for the lesser included offense of robbery in the second degree.

¶ 17 The trial court noted that there was plenty of circumstantial evidence to prove that Liden committed a robbery against a "financial institution." Nonetheless, the trial court ruled that the State must provide direct evidence of Heritage Bank's legal status as a "financial institution" and that the State had failed to sustain this burden. The trial court stated:

I'm going to find it is necessary to show that a bank is lawfully engaged in business through some state certification in order to convict an individual of robbery in the first degree, and I find that there was not sufficient evidence to meet that element of this crime.

RP (Dec. 22, 2005) at 18.

¶ 18 The trial court dismissed the jury's first degree robbery conviction, found sufficient facts to convict Liden of second degree robbery, substituted a second degree robbery conviction for the first degree robbery conviction, and sentenced Liden for second degree robbery.

¶ 19 The State appeals the trial court's vacation of the jury's verdict; Liden cross-appeals.

ANALYSIS

I. SUFFICIENCY OF EVIDENCE

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Cite This Page — Counsel Stack

Bluebook (online)
156 P.3d 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-liden-washctapp-2007.