State v. Peterson

230 P.3d 588
CourtWashington Supreme Court
DecidedMay 6, 2010
Docket82089-9
StatusPublished
Cited by77 cases

This text of 230 P.3d 588 (State v. Peterson) 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. Peterson, 230 P.3d 588 (Wash. 2010).

Opinion

230 P.3d 588 (2010)

STATE of Washington, Respondent,
v.
Michael Eugene PETERSON, Petitioner.

No. 82089-9.

Supreme Court of Washington, En Banc.

Argued January 21, 2010.
Decided May 6, 2010.

*589 Casey Grannis, Nielsen Broman & Koch, P.L.L.C., Seattle, WA, for Petitioner.

Seth Aaron Fine, Snohomish County Prosecutor's Office, Everett, WA, for Respondent.

STEPHENS, J.

¶ 1 Presented as a challenge to the sufficiency of the State's evidence, this case requires us to consider what elements constitute the crime of failure to register as a sex offender (failure to register) under former RCW 9A.44.130 (LAWS OF 2003, ch. 215, § 1).[1] Specifically, we must determine whether a registrant's residential status must be proved at trial and whether the crime is an alternative means crime. We hold that failure to register as a sex offender is not an alternative means crime and that the elements of the crime do not include a registrant's particular residential status. Accordingly, the evidence was sufficient to sustain the defendant's conviction.[2]

FACTS AND PROCEDURAL HISTORY

¶ 2 Michael Peterson was convicted of third degree rape in 1988. As a sex offender, he must register with the sheriff of the county in which he resides pursuant to RCW 9A.44.130. Since Peterson's release from custody in 1991 he has registered numerous times as either having an address or as being homeless. On September 12, 2005, Peterson moved to an apartment in Everett and registered with the Snohomish County Sheriff's Office as required.

¶ 3 On November 2, 2005, an Everett police officer attempted to verify Peterson's address. He learned that Peterson had moved four days earlier and his whereabouts were unknown. On December 6, 2005, Peterson registered as a homeless person with the Snohomish County Sheriff's Office.

¶ 4 The State charged Peterson with failure to register as a sex offender. The first charging document alleged that Peterson failed to report to the county sheriff between November 2 and November 22, 2005. An amended information clarified that Peterson failed to register with the county sheriff within 48 hours of ceasing to have a fixed residence. A second amended information alleged instead that Peterson failed to register within 72 hours of ceasing to reside at his Everett apartment.[3] At trial, the State presented *590 evidence that Peterson vacated the residence on or around November 2, 2005, and did not report to the sheriff until December 6, 2005. The State did not present any evidence concerning Peterson's residential status after leaving his Everett apartment. The to-convict instruction stated, in part, that the jury had to find beyond a reasonable doubt that Peterson failed to "provide written notice to the county sheriff within 72 hours after ceasing to reside" at his previous residence. Clerk's Papers (CP) at 33. A jury found him guilty, and he was sentenced to 15 days of confinement.

¶ 5 Peterson appealed his conviction. The Court of Appeals rejected Peterson's contention that failure to register is an alternative means crime. State v. Peterson, 145 Wash.App. 672, 678, 186 P.3d 1179 (2008). It concluded that the deadlines under RCW 9A.44.130 are not elements of the crime. Id. Peterson petitioned for review, which we granted.[4] 165 Wash.2d 1027, 203 P.3d 379 (2009).

ANALYSIS

¶ 6 Peterson makes two related yet distinct arguments regarding the nature of the crime at issue, one having to do with whether failure to register is an alternative means crime and the other having to do with the elements of the crime that must be proved. We address these arguments separately after discussing the crime of failure to register generally. Finally, we consider whether the evidence here was sufficient to convict.

A. Failure To Register

¶ 7 RCW 9A.44.130(1) requires a person convicted of a sex offense to regularly register his whereabouts in a county with that county's sheriff. When an offender vacates or otherwise leaves his or her residence, the statute sets forth various time limits for reregistration, depending on the offender's residential status. For example, an offender who becomes homeless—that is, who lacks a fixed residence—must register within 48 hours of leaving a fixed residence, whereas an offender who moves from one fixed residence to another within a county has 72 hours to register. Compare RCW 9A.44.130(6)(a) with RCW 9A.44.130(5)(a). Following a move, the longest grace period available to an offender is 10 days.[5] All deadlines exclude weekends and holidays. Id.

¶ 8 The purpose of the registration requirement is to aid law enforcement by providing notice of the whereabouts of convicted sex offenders within the law enforcement agency's jurisdiction. LAWS OF 1990, ch. 3, § 401.

1. Is failure to register an alternative means crime?

¶ 9 Peterson claims that the various deadlines and entities with which an offender must register represent alternative means of committing the crime. He claims his right to jury unanimity was violated because substantial *591 evidence did not support each alternative means of failure to register.

¶ 10 An alternative means crime is one "that provide[s] that the proscribed criminal conduct may be proved in a variety of ways." State v. Smith, 159 Wash.2d 778, 784, 154 P.3d 873 (2007).

[W]hen the crime charged can be committed by more than one means, the defendant does not have a right to a unanimous jury determination as to the alleged means used to carry out the charged crime or crimes should the jury be instructed on more than one of those means. . . . But, in order to safeguard the defendant's constitutional right to a unanimous verdict as to the alleged crime, substantial evidence of each of the relied-on alternative means must be presented.

Id. at 783, 154 P.3d 873 (emphasis added) (citing State v. Kitchen, 110 Wash.2d 403, 410-11, 756 P.2d 105 (1988)).

¶ 11 The legislature has not statutorily defined alternative means crimes, nor specified which crimes are alternative means crimes. This is left to judicial determination. "[T]here simply is no bright-line rule by which the courts can determine whether the legislature intended to provide alternate means of committing a particular crime. Instead, each case must be evaluated on its own merits." State v. Klimes, 117 Wash. App. 758, 769, 73 P.3d 416 (2003).

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Bluebook (online)
230 P.3d 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-peterson-wash-2010.