State v. Lidge

765 P.2d 1292, 111 Wash. 2d 845, 1989 Wash. LEXIS 1
CourtWashington Supreme Court
DecidedJanuary 6, 1989
Docket54424-7
StatusPublished
Cited by30 cases

This text of 765 P.2d 1292 (State v. Lidge) 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. Lidge, 765 P.2d 1292, 111 Wash. 2d 845, 1989 Wash. LEXIS 1 (Wash. 1989).

Opinions

Durham, J. —

Devon Eskridge was convicted in King County Superior Court of second degree burglary and third degree possession of stolen property. On appeal, he argues that his due process rights were violated when the State's delay in charging him as a juvenile caused him to be tried as an adult. The Court of Appeals agreed with Eskridge's argument, reversed his convictions, and dismissed the case. We reverse the Court of Appeals and reinstate the convictions.

On May 10, 1985, Eskridge, then 17 years old, and two adults entered Alston's Hallmark Shop in Redmond, Washington. The three acted suspiciously so a store clerk called Redmond police. After the three left the shop, another clerk found that a locked desk drawer containing the day's receipts had been pried open. The police arrived, investigated the scene, and took a vehicle description. Later, police stopped a vehicle matching that description. Eskridge and the two adults in the vehicle were arrested. The police, with permission, searched the vehicle and found money, including rolls of coins. Some of the rolls had "Alston's" printed on them. Money also was found in Esk-ridge's right stocking.

The adults were held in custody and charged with second degree burglary on May 13, 1985. Because Eskridge was a juvenile, he was placed in the custody of juvenile detention and the information concerning his arrest was transferred to the King County Prosecutor's Juvenile Division. On May 13, the deputy prosecutor reviewing the case determined that the charge against Eskridge was insufficient and [847]*847requested more information from the Redmond Police Department. After being held for 72 hours, Eskridge was released from detention without being charged.

The additional information was received on May 20. The following day, the prosecutor concluded that sufficient information then existed to charge Eskridge. At that point, however, the State did not have adequate time under its normal procedures to bring charges against Eskridge and have him arraigned in juvenile court. Only 13 days remained before Eskridge's birthday and those procedures generally require 3 weeks.1 Accordingly, the case was referred to the adult division for prosecution. On June 28, Eskridge was charged as an adult and was added as a code-fendant in the case against his companions.

Eskridge brought a pretrial motion to dismiss for prose-cutorial delay. He argued that the delay in charging him was not justified and prejudiced him because he lost any opportunity to be tried as a juvenile rather than as an adult. At a pretrial hearing, the State explained the delay through the testimony of Linda Walton, assistant chief deputy prosecuting attorney in charge of the Juvenile Division of the King County Prosecutor's office. Walton testified as to the facts stated above. The defense cross-examined her about special procedures under which the prosecutor's staff could have "rush filed" Eskridge's case. Walton acknowledged the existence of "rush file" procedures but stated that those procedures generally are used only in cases involving serious crimes where the defendant should not be released. Because the prosecutor's resources are limited, Walton stated, "rush file" procedures are not [848]*848employed in cases such as Eskridge's. At no point did Esk-ridge attempt to refute Walton's assertions that normal procedures were followed in handling his case.

The trial court denied Eskridge's motion to dismiss, finding that "the State's conduct was neither deliberate nor negligent in failing to file charges", and that the State followed its normal procedures in charging Eskridge. A jury convicted Eskridge of second degree burglary and third degree possession of stolen property.

Eskridge and one of his codefendants, Charles Ray Lidge, appealed their convictions. The Court of Appeals affirmed Lidge's convictions but reversed Eskridge's convictions due to prosecutorial delay. State v. Lidge, 49 Wn. App. 311, 742 P.2d 741 (1987). The State petitioned for review of Esk-ridge's prosecutorial delay issue, and this court granted review.

We have stated that "[a] deliberate delay to circumvent the juvenile justice system violates due process; a negligent delay may also." State v. Alvin, 109 Wn.2d 602, 604, 746 P.2d 807 (1987). In analyzing whether due process has been violated, courts "must consider the reasons for the delay as well as the prejudice to the accused." United States v. Lovasco, 431 U.S. 783, 790, 52 L. Ed. 2d 752, 97 S. Ct. 2044 (1977). A decision "to prosecute a defendant following investigative delay does not deprive him of due process, even if his defense might have been somewhat prejudiced by the lapse of time." Lovasco, at 796. This court has developed from Lovasco a 3-stage analysis:

(1) The defendant must show he was prejudiced by the delay; (2) the court must consider the reasons for the delay; and (3) if the State is able to justify the delay, the court must undertake a further balancing of the State's interest and the prejudice to the accused.

Alvin, at 604 (citing State v. Calderon, 102 Wn.2d 348, 352-53, 684 P.2d 1293 (1984)).

As to the first element, the defendant is presumed to have met his burden of proof by showing that a charging [849]*849delay prevented juvenile court from exercising its jurisdiction. Alvin, at 604; Calderon, at 353. Here, but for the 8-day investigative delay, the State would have had sufficient time to invoke the jurisdiction of the juvenile court. Thus, we turn to the State's explanation for the delay.

At the Superior Court hearing, the State presented its reasons for the delay, as related above. Eskridge argued that the prosecutor's office should have used expedited procedures in order to ensure jurisdiction by the juvenile court. The trial court rejected this argument and found that no due process violation had occurred. This decision is fully supported by this state's case law. We twice have stated that:

Absent extraordinary circumstances, it is appropriate that juvenile offenses be managed in the same manner as are adult crimes. We are reluctant to interfere with standard investigatory procedures by requiring special treatment for juvenile suspects.

Calderon, at 354, quoted in Alvin, at 605. Accordingly, the State was justified in following normal prosecutorial procedures, having no obligation to "rush file" Eskridge's case merely because he was about to turn 18. State v. Anderson, 46 Wn. App. 565, 569-70, 731 P.2d 519 (1986), review denied, 108 Wn.2d 1005 (1987).

Apparently recognizing as much, Eskridge asserts on appeal a different basis for challenging the sufficiency of the State's investigative delay.2 Eskridge now argues that the State could not have been following normal procedures in his case because the adults were charged based on the information originally available, but Eskridge was not.

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

Related

State of Washington v. Stephen A. Taylor
Court of Appeals of Washington, 2025
State v. Stearns
545 P.3d 320 (Washington Supreme Court, 2024)
State of Washington v. Rafaelito Agustin
Court of Appeals of Washington, 2018
State of Washington v. Miguel Angel Castillo
Court of Appeals of Washington, 2015
State v. Wheeler
349 P.3d 820 (Washington Supreme Court, 2015)
State v. Posey
272 P.3d 840 (Washington Supreme Court, 2012)
State v. Oppelt
257 P.3d 653 (Washington Supreme Court, 2011)
State v. McConville
94 P.3d 401 (Court of Appeals of Washington, 2004)
State v. DiLuzio
90 P.3d 1141 (Court of Appeals of Washington, 2004)
State v. Salavea
151 Wash. 2d 133 (Washington Supreme Court, 2004)
State v. Salavea
60 P.3d 1230 (Court of Appeals of Washington, 2003)
State v. Ward
108 Wash. App. 621 (Court of Appeals of Washington, 2001)
State v. Brandt
992 P.2d 1034 (Court of Appeals of Washington, 2000)
State v. Frazier
918 P.2d 964 (Court of Appeals of Washington, 1996)
State v. Gidley
901 P.2d 361 (Court of Appeals of Washington, 1995)
State v. Warner
889 P.2d 479 (Washington Supreme Court, 1995)
State v. Norby
858 P.2d 210 (Washington Supreme Court, 1993)
State v. Potter
842 P.2d 481 (Court of Appeals of Washington, 1992)
City of Kennewick v. Fountain
802 P.2d 1371 (Washington Supreme Court, 1991)
State v. Dixon
792 P.2d 137 (Washington Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
765 P.2d 1292, 111 Wash. 2d 845, 1989 Wash. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lidge-wash-1989.