State v. Stubbs

184 P.3d 660
CourtCourt of Appeals of Washington
DecidedMay 20, 2008
Docket25475-5-III
StatusPublished
Cited by26 cases

This text of 184 P.3d 660 (State v. Stubbs) 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. Stubbs, 184 P.3d 660 (Wash. Ct. App. 2008).

Opinion

184 P.3d 660 (2008)

STATE of Washington, Respondent,
v.
Troy Dean STUBBS, Appellant.

No. 25475-5-III.

Court of Appeals of Washington, Division 3.

May 20, 2008.

*662 David N. Gasch, Gasch Law Office, Spokane, WA, for Appellant.

Antonio Demetrious Koures, Attorney at Law, Newport, WA, for Respondent.

BROWN, J.

¶ 1 Troy Dean Stubbs appeals his exceptional sentence for his first degree assault conviction, contending the trial court erred in considering the severity of the victim's injuries as an aggravating factor under RCW 9.94A.535(3)(y) and instructional vagueness. We disagree. Pro se, Mr. Stubbs expresses various concerns that we either reject or cannot address. Accordingly, we affirm.

FACTS

¶ 2 Early on October 4, 2005, Mr. Stubbs, for unclear reasons, stabbed Ryan Goodwin once in the back of the neck with a knife. Mr. Goodwin's spinal cord was severed, resulting in partial paralysis of his arms and chest and complete paralysis from the waist down. Mr. Goodwin is permanently confined to a wheelchair. Trial testimony showed Mr. Stubbs was partying with friends near Mr. Goodwin's home. The group was drinking and using methamphetamine. Around 2 a.m., Holly Stigall, Mr. Goodwin's girl friend, left the party to join Mr. Goodwin. About an hour later, several people from the party arrived at the Stigall/Goodwin home to get the couple to join them. Eventually, just Mr. Goodwin, Mr. Stubbs, and another male remained.

¶ 3 Mr. Stubbs and Mr. Goodwin began to argue. To divert Mr. Goodwin's attention, Mr. Stubbs told him a huge spider was behind him. When Mr. Goodwin turned to look for the spider, Mr. Stubbs stabbed Mr. Goodwin in the back of the neck. Mr. Goodwin dropped the burner he was holding, which caused a small fire. Mr. Stubbs ignored his pleas for help and ran away, forcing Mr. Goodwin to put the fire out with his bare arms. Mr. Goodwin was left with the knife embedded in his neck and unable to move his legs. He managed to reach a cell phone at arm's length to call for help. He was taken to a hospital by ambulance.

¶ 4 The State charged Mr. Stubbs with first degree assault while armed with a deadly weapon other than a firearm. Later, the State added the allegation that the "victim's injuries substantially exceed the level of bodily harm necessary to satisfy the elements of Assault in the First Degree as charged as such an exceptional sentence outside the standard range is justified pursuant to RCW 9.94A.535(y)." Clerk's Papers (CP) at 12. Before trial, the State successfully moved to submit this aggravating factor to the jury over Mr. Stubbs' objection that Mr. Goodwin's injuries did not exceed the level of bodily harm necessary to satisfy the elements of first degree assault.

¶ 5 At trial, Dr. Vivian Moise, a specialist in spinal cord injuries, described Mr. Goodwin's injuries. She testified that the stabbing severed Mr. Goodwin's spinal cord in half. This resulted in about 50 percent loss of strength in his left arm and roughly two-thirds loss of strength in his right hand. Mr. Goodwin's diaphragm still worked, but his rib cage muscles, which assist with breathing, were permanently paralyzed, increasing his risk of pneumonia. His bladder and intestines were paralyzed. She also explained that paralysis causes other medical problems, including higher risks of stroke, seizure, death, and a shortened life expectancy. The jury convicted Mr. Stubbs of first degree assault while armed with a deadly weapon and found the victim's injuries substantially *663 exceeded the level of harm necessary to satisfy the offense elements.

¶ 6 At sentencing, the State asked the court to impose a life sentence based on the severity of Mr. Goodwin's injuries. Mr. Stubbs argued he should not receive a sentence exceeding the standard range for second degree murder, which was 199 to 299 months. The trial court sentenced Mr. Stubbs to 480 months. The standard range was 186 to 240 months. The court justified the sentence based on the severity of Mr. Goodwin's injuries, characterizing his condition as a "fate worse than death." Report of Proceedings (Sept. 17, 2006) at 55. Mr. Stubbs appealed.

ANALYSIS

A. Exceptional Sentencing

¶ 7 The issue is whether the trial court erred by considering the severity of Mr. Goodwin's injuries as the basis for Mr. Stubbs' exceptional sentence. Mr. Stubbs contends Mr. Goodwin's injuries inhere in first degree assault and cannot justify an exceptional sentence. The State responds that the definition of great bodily harm in the first degree assault statute does not account for the severity of Mr. Goodwin's injuries.

¶ 8 A court may depart from a standard range sentence if the offense involves substantial and compelling circumstances. State v. Hammond, 121 Wash.2d 787, 794, 854 P.2d 637 (1993). We apply the clearly erroneous standard to review the imposition of an exceptional sentence. State v. Nordby, 106 Wash.2d 514, 517-18, 723 P.2d 1117 (1986). A reason for imposing an exceptional sentence is clearly erroneous if it is not supported by substantial evidence. State v. Jeannotte, 133 Wash.2d 847, 856, 947 P.2d 1192 (1997). We determine whether, as a matter of law, "factually supported aggravating factors justify an exceptional sentence." State v. Russell, 69 Wash.App. 237, 250, 848 P.2d 743 (1993). Our review of the legal sufficiency of the sentence is therefore, de novo. State v. Smith, 124 Wash.App. 417, 435, 102 P.3d 158 (2004), aff'd, 159 Wash.2d 778, 154 P.3d 873 (2007).

¶ 9 The trial court justified the 480-month sentence based on the severity of Mr. Goodwin's injuries, finding they were substantially more severe than required under the first degree assault statute. Generally, the seriousness of a victim's injuries is a valid aggravating factor as long as the injuries are "significantly more serious than what is typically involved in the crime." State v. Warren, 63 Wash.App. 477, 479, 820 P.2d 65 (1991). But the seriousness of the victim's injuries cannot support an exceptional sentence if the factor was considered by the legislature in defining the crime itself. State v. Bourgeois, 72 Wash.App. 650, 661-62, 866 P.2d 43 (1994).

¶ 10 Mr. Stubbs stabbed Mr. Goodwin in the back of his neck with a knife, causing severe paralysis. Mr. Goodwin dropped the burner he was holding, starting a fire. Mr. Stubbs callously ignored Mr. Goodwin's pleas for help and ran away, forcing Mr. Goodwin to put the fire out with his bare arms, causing further injury. Dr. Vivian Moise testified about Mr. Goodwin's loss of strength and paralyzed rib cage muscles, bladder, and intestines. Dr. Moise predicted an increased risk of pneumonia, stroke, seizure, and death and gave Mr. Goodwin a 17-year shortened life expectancy.

¶ 11 The jury found that Mr.

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Bluebook (online)
184 P.3d 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stubbs-washctapp-2008.