State v. O'NEAL

150 P.3d 1121
CourtWashington Supreme Court
DecidedJanuary 25, 2007
Docket76950-8
StatusPublished
Cited by90 cases

This text of 150 P.3d 1121 (State v. O'NEAL) 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. O'NEAL, 150 P.3d 1121 (Wash. 2007).

Opinion

150 P.3d 1121 (2007)

STATE of Washington, Respondent,
v.
Harry William O'NEAL, Jesse Jack O'Neal, and Gregory William O'Neal, Petitioners.

No. 76950-8.

Supreme Court of Washington, En Banc.

Argued March 14, 2006.
Decided January 25, 2007.

*1122 Peter B. Tiller, The Tiller Law Firm, Centralia, WA, Rebecca Wold Bouchey, Mercer Island, WA, Stephanie C. Cunningham, Seattle, WA, for Petitioners.

James C. Powers, Thurston County Prosecuting Attorney Office, Olympia, WA, for Respondent.

CHAMBERS, J.

¶ 1 We heard this case as a companion to State v. Eckenrode, No. 76100-1, ___ Wash. ___, 150 P.3d 1116, 2007 WL 177917 (Wash. Jan. 25, 2007) and State v. Easterlin, No. 76861-7, ___ Wash. ___, 149 P.3d 366 (Wash. Dec. 21, 2006) in order to address, again, when a defendant is "armed" for the purposes of a deadly weapon's enhancement under the "Hard Time for Armed Crime Act" of 1995. Laws of 1995, ch. 129, § 1(1)(a) (Initiative Measure No. 159).

¶ 2 Harry, Jesse, and Greg O'Neal[1] all received firearms enhancements on a variety of drug charges. At the time of arrest, none of these men were holding weapons. Having reviewed the record, we conclude that there was sufficient evidence to uphold the jury's determination that these men were armed while committing crimes. Accordingly, we affirm imposition of the sentencing enhancements.

FACTS

¶ 3 Authorities received a tip that a mobile home owned by Michelle O'Neal in rural Thurston County might be the site of methamphetamine manufacture. A warrant was executed one December morning in 2001.

¶ 4 Michelle's son, Greg, was making the house payments on the home at the time. He and his childhood friend, Jason Shero (who later testified against the O'Neals in return for a plea bargain), were living there. While there was some conflicting testimony, there was evidence that Greg's brother, Jesse, and their father, Harry (Michelle's ex-husband), also lived in the house.

¶ 5 The officers found considerable evidence of drug use and manufacturing and seized more than 20 guns (along with body *1123 armor, a police scanner, and night vision goggles) from the O'Neal home. Most of the weapons were in two gun safes, one locked, one unlocked. A loaded AR-15 (a civilian version of the military M16)[2] was found in one bedroom and a loaded semiautomatic pistol was found under a mattress in a different bedroom that at least two members of the household slept in from time to time.

¶ 6 Superior Court Judge Daniel Berschauer denied several motions to strike the firearms enhancements, largely because he concluded there was sufficient evidence for a jury to find that at least one of the participants in the criminal activities was armed in the furtherance of the manufacture of drugs, and that the other defendants could be considered armed under an accomplice theory.

¶ 7 The cases were consolidated and tried to a jury. Ultimately, Jesse and Harry were each convicted of one count of manufacturing methamphetamine with a firearms enhancement. Greg was convicted of manufacturing methamphetamine and marijuana, each with a firearms enhancement, 20 counts of unlawful possession of a firearm in the first degree, and of unlawful possession of a machine gun.

¶ 8 The O'Neals brought numerous challenges, all but two of which were rejected by the Court of Appeals. State v. O'Neal, 126 Wash.App. 395, 403, 109 P.3d 429 (2005). We granted review limited to whether the defendants were "armed." State v. O'Neal, 155 Wash.2d 1024, 126 P.3d 820 (2005).

ANALYSIS

¶ 9 "A defendant is `armed' when he or she is within proximity of an easily and readily available deadly weapon for offensive or defensive purposes and when a nexus is established between the defendant, the weapon, and the crime." State v. Schelin, 147 Wash.2d 562, 575-76, 55 P.3d 632 (2002). Since the defendants did not challenge the jury instructions at trial, we limit our inquiry to whether there was sufficient evidence for any rational trier of fact to find beyond a reasonable doubt that one or more of the defendants were armed.[3]State v. DeVries, 149 Wash.2d 842, 849, 72 P.3d 748 (2003); State v. Salinas, 119 Wash.2d 192, 201, 829 P.2d 1068 (1992).

¶ 10 The O'Neals challenge whether the State proved, beyond a reasonable doubt, that they were armed at the time of arrest because the State did not show that the weapons were easily accessible and readily available at a specific moment in time, such as the time of arrest. The defendant does not have to be armed at the moment of arrest to be armed for purposes of the firearms enhancement. E.g. Schelin, 147 Wash.2d at 572-73, 575, 55 P.3d 632; cf. State v. Gurske, 155 Wash.2d 134, 138-39, 118 P.3d 333 (2005) (noting the State had not submitted evidence showing the defendant had a weapon easily accessible and readily available at any point during the commission of his crime). Instead, the State's theory was that the AR-15 leaning against a wall and the pistol under a mattress were easily accessible and readily available to protect the continuing drug production operation on or around December 4, 2001. Cf. Schelin, 147 Wash.2d at 572-73, 55 P.3d 632 (rejecting the argument that the State must prove that the defendant was armed at the time of arrest). We agree that this is an appropriate theory to present to the jury, and that the State need not establish with mathematical precision the specific time and place that a weapon was readily available and easily accessible, so long as it was at the time of the crime.

¶ 11 We note that the Court of Appeals specifically rejected a similar sufficiency of the evidence challenge in State v. Simonson, 91 Wash.App. 874, 883, 960 P.2d 955 (1998). In Simonson, the court upheld the jury's *1124 verdict, finding that a jury could infer from the presence of loaded guns at the site of an active methamphetamine manufacturing site that the weapons were there to protect drug production. Judge J. Dean Morgan concluded:

Taken in the light most favorable to the State, the evidence here shows that [the defendants] were committing a continuing offense, manufacturing methamphetamine, over a six-week period of time. During some or all of that time, they kept seven guns on the premises. It is reasonable to infer that not less than four were kept in a loaded condition. . . . [i]t is also reasonable to infer that the purpose of so many loaded guns was to defend the manufacturing site in case it was attacked. We conclude that the evidence is sufficient to support the deadly weapon enhancement.

Simonson, 91 Wash.App. at 883, 960 P.2d 955. We agree.

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Bluebook (online)
150 P.3d 1121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oneal-wash-2007.