State v. Lindamood

693 P.2d 753, 39 Wash. App. 517, 1985 Wash. App. LEXIS 2200
CourtCourt of Appeals of Washington
DecidedJanuary 11, 1985
DocketNo. 13151-6-I
StatusPublished
Cited by4 cases

This text of 693 P.2d 753 (State v. Lindamood) 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. Lindamood, 693 P.2d 753, 39 Wash. App. 517, 1985 Wash. App. LEXIS 2200 (Wash. Ct. App. 1985).

Opinion

Scholfield, A.C.J.

— Robert W. Lindamood appeals a conviction for aggravated first degree murder while armed with a deadly weapon. He asserts the evidence was insufficient to support a finding of premeditation and also assigns error in admitting evidence of his prior burglary conviction.

Facts

On December 18, 1982, Lindamood, who was then 18 years of age, discussed with his friend, Dennis, a plan to rob Roy George, a 77-year-old neighbor. Lindamood had heard rumors that George kept several thousand dollars in his house or buried in his yard and testified that he planned to go to George's house, knock him out, take his money, then, with Dennis, buy a car and go to California.

Lindamood went to his mother's house and got a coffee table leg, which he wrapped in a paper sack tied with string. Lindamood then went to George's door, and when George answered his knock, tried to enter, saying that he wanted to discuss something with George. George told him to go away. Lindamood pushed his way into the house and started striking George on the head with the table leg. Lindamood failed to knock him unconscious at first, but after several blows George fell to the floor, where he pleaded with Lindamood not to strike him anymore. Lindamood continued striking George about the head with [519]*519the table leg, and afterward struck him about the head or chest with a large piece of stovewood. While George was lying on the floor unconscious, Lindamood went through the house looking for money. After taking some cash and silverware, he left.

George died of the injuries inflicted by Lindamood. Dr. Donald T. Reay, the medical examiner for King County, testifying on the basis of his autopsy of George's body, stated that there were fractures of the base of the skull, nasal and facial bones, the sternum and ribs. There was also a tear of the aorta, which caused extensive bleeding. He described the cause of death as "blunt impact-type injuries sustained to the head and to the chest region." He testified that the table leg was capable of causing the described injuries. He also testified that all of the blows were struck while George was still alive and that many of the blows were struck while George was lying flat on his back on the floor. Dr. Reay concluded that the head injuries alone were serious enough to be the probable cause of death (he counted 19 separate blows to the head), and that the chest injuries alone could also have caused George's death.

Lindamood was charged with one count of premeditated murder, aggravated by the fact that it was committed in the course of first degree burglary and first degree robbery, pursuant to RCW 9A.32.030(l)(a) and (c)1 and RCW 10.95-.020(9)(a) and (c).2 Lindamood was tried by a jury.

[520]*520At the beginning of the trial, defense counsel moved to exclude evidence of Lindamood's prior second degree burglary conviction. The trial judge, after reviewing the requirements of State v. Alexis, 95 Wn.2d 15, 19, 621 P.2d 1269 (1980), denied the motion. Without waiving her objection, defense counsel brought out on direct examination that Lindamood had recently been convicted of second degree burglary.

Lindamood testified that his friend, Dennis, provided him with a pair of gloves, which he wore during the commission of the crime for the purpose of avoiding leaving fingerprints. He also testified that he made no effort to disguise himself by the use of a mask, even though he had worked for George in the past and knew George could identify him. Lindamood also testified that he was big and strong enough to have tied up George, gagged him, and thus sufficiently disabled him for the purpose of committing the burglary. Lindamood weighed 180 pounds. The evidence showed that Roy George was 5 feet 8 inches in height and weighed 170 pounds. Lindamood denied any intent to kill George and denied any premeditation of a murder.

The State introduced into evidence Lindamood's written confession to Detective Sanford, Seattle Police Department, on December 21, 1982, in which he made this statement: "Just before going to George's house to kill him, I wrapped it [the table leg] in a brown paper bag and tied it with some string."

Premeditation

Lindamood argues that there was no substantial evidence of premeditation, that the evidence showed nothing more [521]*521than a plan to rob the victim by getting inside his home, rendering him defenseless or unconscious by striking him over the head with a wooden table leg and then taking the victim's money and fleeing to California. The fact that Lindamood killed Roy George was not disputed; the sole contested issue at trial was whether the murder was premeditated.

The test for sufficiency of the evidence is whether, after viewing the evidence in the light most favorable to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. State v. Green, 94 Wn.2d 216, 221, 616 P.2d 628 (1980).

Intent and premeditation are separate and distinct elements of the crime of murder in the first degree. State v. Brooks, 97 Wn.2d 873, 651 P.2d 217 (1982). The premeditation required to support a conviction of murder in the first degree "must involve more than a moment in point of time." RCW 9A.32.020; State v. Griffith, 91 Wn.2d 572, 577, 589 P.2d 799 (1979). Premeditation is a question for the jury. Griffith, at 577.

Prior case law in Washington does not offer a comprehensive articulation of the types of evidence that can be used to prove premeditation. Evidence of planning activity before the murder, however, has been widely accepted as probative of premeditation. State v. Tikka, 8 Wn. App. 736, 742, 509 P.2d 101 (1973). In State v. Lanning, 5 Wn. App. 426, 487 P.2d 785 (1971), the court reasoned that the defendant's availing himself of a knife or other sharp instrument capable of nearly severing the victim's neck provided evidence of premeditation. In State v. Commodore, 38 Wn. App. 244, 684 P.2d 1364 (1984), evidence the defendant went to a room where he knew he could find a gun and then returned to shoot the victim was held to be evidence of planning activity that could support a finding of premeditation. These cases and ordinary logic support the view that any planning activity by the defendant prior to the murder, which relates to the manner in which the murder was accomplished, can be evidence of premedi[522]*522tation.

There was sufficient evidence in this case to support a finding of premeditation. Lindamood discussed with a friend a plan to rob the victim.

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Bluebook (online)
693 P.2d 753, 39 Wash. App. 517, 1985 Wash. App. LEXIS 2200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lindamood-washctapp-1985.