State v. Mora

110 Wash. App. 850
CourtCourt of Appeals of Washington
DecidedMarch 28, 2002
DocketNos. 19417-5-III; 19418-3-III
StatusPublished
Cited by7 cases

This text of 110 Wash. App. 850 (State v. Mora) 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. Mora, 110 Wash. App. 850 (Wash. Ct. App. 2002).

Opinion

Sweeney, J.

— Jesse Mora and his wife, Machalle Mora, were each convicted of 20 counts of theft for depleting Jesse’s widowed mother’s funds from several bank ac[853]*853counts. The Moras contend that the State failed to establish the essential elements of theft. They contend that they were legally entitled to withdraw the funds because their names were on the accounts. In the alternative, they contend that each count of theft by deception must be supported by a separate deceptive act. We hold that the original deception of inducing the mother to make them joint owners of her accounts gave rise to multiple instances of theft by deception. We affirm the convictions.

FACTS

Lucia Mora’s husband of 45 years handled all the family finances. When he died in May 1997, Lucia1 had no experience with banking, had limited command of English, and did not drive. In July of that year, with the help of a daughter, Lucia opened a savings account at the Richland branch of Hanford Atomic Production Operations Community Credit Union with $17,280. She did not open a checking account because she did not know how to “do checks.” Report of Proceedings at 272. She never had an automated teller machine (ATM) card and did not know how to use one.

A month later, she deposited $68,368.07 life insurance proceeds in a money market account. On February 2, 1998, she opened a checking account with $2,000. All three accounts were in Lucia’s name only.

On March 20, Lucia’s son, Jesse Mora, accompanied her to the bank. Jesse’s name was added as an authorized signatory to all three accounts. Three days later, on March 23, Machalle Mora’s name was added by mail. A single debit card was issued in the name of Jesse.

On the day Jesse’s name was added to the checking account, it contained $4,952.34. Prior to that day, activity had been limited. A transfer of $5,000 — the first of many— was made that day from the money market account. On the [854]*854day Jesse was added, the money market account contained $53,877.37. By September 1, that balance was down to $5,982.86. By October 6, it was reduced to $1,493.93. On that day, $25,500 from the sale of property in Mexico was deposited.

On October 19, Jesse and Machalle took out a loan for $15,536.30, using the money market account as collateral and causing the account funds to be frozen. On November 9, the balance, including the frozen collateral, was $16,554.71. After making occasional payments, Jesse and Machalle stopped paying on the loan completely after a year. The bank transferred funds from the money market account to pay off the loan.

At last, in January 1999, Lucia’s other son, Frank Mora, stepped in. The savings account contained $6.74. The checking account was zero. The only funds in the money market account would be taken by the bank to pay off the loan. Lucia was upset and seemed not to know that Jesse and Machalle were on her accounts. The bank changed the account numbers and designated the ATM cards for seizure when next used.

Jesse and Machalle were charged with 4 counts of first degree theft, 4 counts of second degree theft, and 12 counts of third degree theft. They were tried to a jury.

At the close of the State’s case, Jesse and Machalle moved to dismiss the prosecution. They argued that the State had not presented evidence sufficient to support the charges. As the legal owners of the accounts, they argued it was no crime for them to remove funds. In the alternative, they argued that, even presuming the State had proved fraud or duress in obtaining joint ownership, this would support only a single count of theft by fraud. The single act of fraud would encompass the entire account, not each individual check or ATM transaction. Jesse also argued that the State had not proved that he was personally involved with any of the expenditures except for the loan.

The court denied the motion. Jesse and Machalle presented their case in chief. The jury returned guilty verdicts [855]*855on all 20 counts. And Jesse and Machalle were each sentenced to 43 months in prison.

DENIAL OF MOTION TO DISMISS — REVIEWABLE

As a preliminary matter, we address the State’s contention that the denial of a motion to dismiss at the close of the State’s case is not reviewable if the defendants proceeded with their case in chief. State v. Johnston, 100 Wn. App. 126, 132, 996 P.2d 629 (2000).

A criminal defendant may challenge the sufficiency of the evidence before trial, at the end of the State’s case in chief, at the end of all the evidence, after the verdict, or on appeal. The reviewing court looks at the evidence at whatever point the sufficiency challenge is raised. The defendant is not barred from claiming insufficiency at a late stage of the proceedings, but the court will use the most complete record available at the time the claim is made. State v. Jackson, 82 Wn. App. 594, 608-09, 918 P.2d 945 (1996).

Jesse and Machalle presented a case in chief. We therefore review their sufficiency challenge based on the entire record.

GOOD FAITH CLAIM OF TITLE

Jesse and Machalle begin by claiming a right to the money under a good faith claim of title.

It is a complete defense to any prosecution for theft that the property was “appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable.” RCW 9A.56.020(2); State v. Ager, 128 Wn.2d 85, 92, 904 P.2d 715 (1995). This defense negates the essential element of intent to steal. It says a defendant cannot be guilty of theft if he or she takes property under a good faith subjective belief that he or she has the rights of ownership or is entitled to possession of the property. Ager, 128 Wn.2d at 92.

[856]*856On a showing of a good faith belief of ownership supported by evidence of some legal or factual basis for the belief, the defendant is entitled to a jury instruction on the defense. Id. at 96-97. The matter is then for the jury to decide. Id.

Jesse and Machalle do not contend that they requested and were denied a claim of title instruction. But even if they had, the jury believed the evidence of deception. It must necessarily have found no good faith belief in a claim of right.

PROPERTY OF ANOTHER

Jesse and Machalle next contend that, as a matter of law, the State failed to prove the essential elements of theft, specifically that they wrongfully obtained or exerted unauthorized control over the property of another. RCW 9A.56.020(l)(a). They misunderstand the principles of ownership of bank accounts.

Joint ownership of bank accounts is governed by statute. Anderson v. Anderson, 80 Wn.2d 496, 500-01, 495 P.2d 1037 (1972). The banking statute provides that funds on deposit in a joint account belong to each depositor in proportion to their ownership of the funds.

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Bluebook (online)
110 Wash. App. 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mora-washctapp-2002.