State v. Rhinehart

586 P.2d 124, 21 Wash. App. 708
CourtCourt of Appeals of Washington
DecidedOctober 9, 1978
Docket5606-1
StatusPublished
Cited by8 cases

This text of 586 P.2d 124 (State v. Rhinehart) 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. Rhinehart, 586 P.2d 124, 21 Wash. App. 708 (Wash. Ct. App. 1978).

Opinions

Swanson, J.

— -The State appeals an order of dismissal granted at the close of its presentation in a prosecution for possession of stolen property, alleging error in the trial [710]*710court's conclusion that a prima facie case had not been made. We agree, and remand for trial.

The State charged James A. Rhinehart by information with possessing stolen property in the first degree, pursuant to RCW 9A.56.140(1), .150. At trial the State offered evidence demonstrating that in September 1976, Rhinehart purchased a Ford Bronco from a Mr. Briggs in Oregon for $1,200. The vehicle had been in an accident, and the front end was "totalled," resulting in a bent frame. On November 22, 1976, a Ford Bronco was reported stolen from a dealer, Hanna Motors, in Vancouver, Washington. Five days later, on November 27, 1976, Rhinehart sold a Ford Bronco to one Doyle, transferring the Briggs title to Doyle. As elements of that sale, Rhinehart demanded cash ($4,400), instructed Doyle not to have the vehicle licensed until the new year, and offered only one key which did not open all doors of the vehicle. On January 11, 1977, Mrs. Doyle had the vehicle inspected for licensing purposes at which time a patrolman discovered the identification number of the vehicle's frame matched that of the vehicle stolen from Hanna Motors. Mr. Briggs testified' that a number of parts in the vehicle were from the Bronco he sold Rhinehart.

A detective testified that such a fact pattern inferred a "salvage-switch operation" by which the identity of a legally transferable, but wrecked vehicle is substituted for that of á stolen vehicle of the same make.

After the State closed, Rhinehart moved for dismissal arguing, among other things, that the State had failed to prove any stolen goods in his possession were worth more than $1,500, an element of first-degree possession of stolen property. RCW 9A.56.150(1). The trial judge agreed and dismissed. The State moved for reconsideration. At hearing the trial court denied the motion, citing as additional grounds for dismissal Rhinehart's argument that the State had failed to demonstrate the knowledge necessary for conviction.

[711]*711Thus, two issues before us are whether the State failed to make a prima facie case regarding either value or knowledge. Rhinehart offers a third rationale for dismissal by challenging the adequacy of the information. We will discuss these issues seriatim.

The trial court believed the State failed to prove the value of any stolen property in Rhinehart's possession, and thus, a conviction for possessing stolen property in the first degree as charged was not possible. We need not decide whether the evidence of the retail value of the Hanna vehicle and the market value of the Briggs vehicle viewed in the manner most favorable to the State establish value, for the State correctly argues that a lesser included offense instruction would have been appropriate.

A lesser included offense exists when all of the elements of the lesser offense are necessary elements of the greater offense. State v. Bishop, 6 Wn. App. 146, 491 P.2d 1359 (1971). Put another way, if it is possible to commit the greater offense without having committed the lesser offense, the latter is not an included crime. Comment, The Lesser Included Offense Doctrine, 5 Conn. L. Rev. 255, 261 (1972).

State v. Roybal, 82 Wn.2d 577, 583, 512 P.2d 718 (1973). See also State v. Schrager, 74 Wn.2d 75, 81, 442 P.2d 1004 (1968).

In the instant case a lesser included offense instruction of possessing stolen property in the third degree, RCW 9A.56.170, would have been appropriate. RCW 9A.56.140(1) defines the offense of possession of stolen property:

"Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.

Later sections delineate degrees of that offense, based on the value of the stolen property possessed.

[712]*712A person is guilty of possessing stolen property in the first degree if he possesses stolen property which exceeds one thousand five hundred dollars in value.

RCW 9A.56.150(1).

A person is guilty of possessing stolen property in the third degree if he possesses stolen property which does not exceed two hundred fifty dollars in value.

RCW 9A.56.170(1). Because one could not be guilty of possessing stolen property in the first degree without also being guilty of possessing stolen property in the third degree, the latter is a lesser included offense of the former. No proof of value is necessary for conviction of the third-degree charge; thus, a lesser included offense instruction could have negated the import of the State's argued failure to prove value.

A necessary element of the crime of possessing stolen property is knowledge — knowledgeable possession and knowledge that the property is stolen. RCW 9A.56.150(1). Mere possession of stolen property will not justify a conviction. State V. Douglas, 71 Wn.2d 303, 428 P.2d 535 (1967); State v. Portee, 25 Wn.2d 246, 170 P.2d 326 (1946). Where possession is coupled with "indicatory evidence on collateral points," however, a conviction may be warranted. The court in State v. Portee, supra at 253-54 stated:

The general nature of this so-called "indicatory evidence on collateral points" is suggested by the following section in 4 Nichols on Applied Evidence 3664, § 29:
"Sufficiency in Connection With Other Evidence. Possession of recently stolen property, in connection with other evidence tending to show guilt, is sufficient to warrant a conviction. When a person is found in possession of recently stolen property, slight corroborative evidence of other inculpatory circumstances tending to show his guilt will support a conviction."

See State v. Pisauro, 14 Wn. App. 217, 220, 540 P.2d 447 (1975); State v. Beck, 4 Wn. App. 306, 480 P.2d 803 (1971). Cf. State v. Budinich, 17 Wn. App. 336, 337, 562 P.2d 1006 (1977) (wherein the court held the Portee standard "is an accurate and appropriate statement of the law where . . . [713]

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Related

State v. Walden
131 Wash. 2d 469 (Washington Supreme Court, 1997)
State v. Smith
744 P.2d 1096 (Court of Appeals of Washington, 1987)
State v. Matuszewski
637 P.2d 994 (Court of Appeals of Washington, 1981)
State v. Rhinehart
602 P.2d 1188 (Washington Supreme Court, 1979)
State v. Rhinehart
586 P.2d 124 (Court of Appeals of Washington, 1978)

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586 P.2d 124, 21 Wash. App. 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rhinehart-washctapp-1978.