State v. Miles

162 P.3d 1169
CourtCourt of Appeals of Washington
DecidedJuly 24, 2007
Docket35207-9-II
StatusPublished
Cited by46 cases

This text of 162 P.3d 1169 (State v. Miles) 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. Miles, 162 P.3d 1169 (Wash. Ct. App. 2007).

Opinion

162 P.3d 1169 (2007)

STATE of Washington, Respondent,
v.
Nathaniel Wesley MILES, Appellant.

No. 35207-9-II.

Court of Appeals of Washington, Division 2.

July 24, 2007.

*1170 Rita Joan Griffith, Seattle, WA, for Appellant.

Kathleen Proctor, Pierce County Prosecuting Atty Office, Tacoma, WA, for Respondent.

ARMSTRONG, J.

¶ 1 Nathaniel W. Miles appeals his conviction of delivery of a controlled substance, arguing that the prosecutor committed flagrant misconduct by questioning defense witnesses about Miles's participation in specific boxing matches, during the time Miles claimed to be incapacitated, without producing extrinsic evidence of those fights. He also argues that the prosecutor improperly shifted the burden of proof to Miles by asserting that the jury had to find that the State's witnesses were lying in order to acquit Miles. Because the prosecutor's questioning of the defense witnesses amounted to an attempt to impart evidence that he was either unwilling or unable to prove through extrinsic evidence, we reverse.

FACTS

¶ 2 The State charged Nathaniel Miles with one count of unlawful delivery of a controlled substance and alleged that he committed the crime within 1,000 feet of a school bus stop.

*1171 ¶ 3 The charge arose from a controlled buy that Ronald Wilmoth, a confidential informant working for the Tacoma Police Department, conducted in May 2004. Wilmoth told police that an acquaintance, Miles, had offered to sell him crack cocaine. Officers instructed Wilmoth to arrange a meeting and provided him with $250 to $300 to make the purchase.

¶ 4 Wilmoth testified that Miles arrived at the meeting in his car. Wilmoth got into the car and purchased cocaine from Miles with the buy money. Miles was alone in the car and appeared to be in good health.

¶ 5 Although officers recorded and filmed the transaction and maintained visual surveillance, no officer saw the driver of the car or how many people were inside it. The officers did not stop the car because they intended to initiate another controlled buy from its driver.

¶ 6 Miles denied that he was the driver of the car or that he sold narcotics to Wilmoth. He testified that after he was shot in 2001 or 2002, he was incapacitated and required daily care from Kawana Bell. He was still receiving daily care from Bell at the time of the controlled buy. He testified that the shooting left him unable to drive a car and he had not driven since the shooting. Bell testified that she cared for Miles from 2001 to 2005 and during this time he was unable to drive an automobile.

¶ 7 Miles and Bell both testified that Miles was a professional boxer before he was shot. Miles testified that his last fight was in 2000 before he was shot. The prosecutor cross-examined Bell about Miles's boxing as follows:

Q. Okay. So based on his physical condition during that time from 2001 to 2005, he was in no condition to box, for instance?
A. No.
Q. Okay. So there's no way on August 13th, 2004, that he could have fought Neil Stevens at the Angelston Convention Center in Ogdon [sic], Utah?
A. Neil Stevens.
Q. There's no way he could have gone by a 12-round decision where it went to the judge's scorecard after 12 rounds? What I'm asking is Mr. Miles, in the condition that you observed him in, he couldn't have gone 12 rounds in a boxing fight in 2004, right?
A. No.
Q. No?
A. (Witness mumbling).
Q. There's no way that he could have fought Peter O'Cain February 4th of 2005 in Winnipeg? He would have been in no physical condition, right?
A. Not to my knowledge. I don't know.
Q. Okay. Especially — that one went 12 rounds as well?
A. 12, I don't know.

Report of Proceedings (RP) at 105-06.

¶ 8 The prosecutor cross-examined Miles about his boxing as follows:

Q. And the last fight you fought was in 2000 at the Emerald Queen Casino. Who did you fight?
A. I think it was Ronnie Warren.
Q. Yeah? Tell me if this sounds about right. You weighed in at 175 for that fight?
A. Huh-uh. No way. I weighed about 187, something like that.
Q. What division were you fighting in?
A. Cruiser weight.
Q. Cruiser weight. You say your date of birth is June 12th of '65?
A. Correct.
Q. Tell me if this profile describes you accurately: Sex, male; that's obvious. Nationality, you're a United States American, U.S. American?
A. Yes, sir.
Q. Nickname "Tex." We talked a little bit about that. Hometown, Tacoma, Washington; or would it be Houston, Texas?
A. Houston, Texas.
Q. Okay. Division, cruiser weight?
A. That I fought. . . .
Q. Date of birth June 12th of '65?
A. Correct.
Q. Okay. But if I were to find nine fights after you fought Ronnie Warren at the *1172 Emerald Queen Casino, those are all mistaken?
A. Nine at the Emerald Queen?
Q. No, nine fights after you fought Ronnie Warren at the Emerald Queen. Were they all mistakes?
A. They have to be except probably one fight off Ronnie, I think.
Q. Well, you indicated that Ronnie was your last fight.
A. That's at the Emerald Queen, he was.
Q. So you fought since 2000?
A. That's why I say 2000, 2001 when you asked me. 2000 or 2001.
Q. Okay. Who did you fight next?
A. Oh, I can't remember the guy's name.
Q. Alex Bonima?
A. No. I don't remember fighting no Alex Bonima.
Q. Where did you fight?
A. If I can remember, he's — this guy here is in the middle — he's a real light guy; he wouldn't be able to fight me.
Q. Who is the guy you fought after Ronnie Warren . . . if you can remember?
A. If I can remember, I think it was in North Dakota.
Q. Okay. But you don't remember who?
A. No, sir. I can't remember his name.
Q. Fred Moore?
A. No, I can't remember.

RP at 116-19.

¶ 9 The only rebuttal evidence the State presented was the testimony of Detective John Ringer, who testified that he had seen Miles about 10 times from 2001 to 2005, "either in traffic or out and about," and that Miles appeared to be in good condition both physically and mentally. RP at 124-25.

¶ 10 The jury convicted Miles of delivery of a controlled substance and found that he committed the crime within 1,000 feet of a school bus stop. Miles now appeals.

ANALYSIS

I. PROSECUTORIAL MISCONDUCT

¶ 11 Miles argues that the prosecutor committed misconduct in cross-examining him and Bell about specific acts without providing factual support that those acts actually occurred and in telling the jurors that they had to find that the State's witnesses were lying in order to acquit Miles.

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Cite This Page — Counsel Stack

Bluebook (online)
162 P.3d 1169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-miles-washctapp-2007.