State v. Trickler

106 Wash. App. 727
CourtCourt of Appeals of Washington
DecidedJune 12, 2001
DocketNo. 19335-7-III
StatusPublished
Cited by19 cases

This text of 106 Wash. App. 727 (State v. Trickler) 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. Trickler, 106 Wash. App. 727 (Wash. Ct. App. 2001).

Opinions

Schultheis, J.

Kelly Trickier appeals the judgment and sentence entered after a jury found him guilty of possession of a stolen credit card and being a felon in possession of a firearm. He contends the trial court erred when it would not allow him to plead guilty to the stolen property count and proceed to trial on only the weapon charge. He also claims the trial court abused its discretion regarding certain evidentiary issues. Because we agree the trial court abused its discretion when it admitted certain evidence at trial, we reverse the conviction and remand for a new trial.

FACTS

On February 8, 2000, Spokane police officers responded to a call for assistance regarding allegedly stolen property. They arrived at 3014 North Standard, a home owned by Thomas Wiley. Mr. Wiley explained to them that he had entered into a lease agreement with Kelly Trickier (whom he knew as Kelly Lane). After Mr. Wiley found some of his personal property missing from boxes in a storage area that was utilized by Mr. Trickier, an eviction notice was served, which required Mr. Trickier to vacate the premises on or before February 8, 2000. When Mr. Wiley arrived at the Standard residence on that date to see if Mr. Trickier had moved out, he recognized some of his personal property located inside Mr. Trickler’s vehicle. Mr. Wiley then called the police.

After being informed about his landlord’s allegations of stolen property, Mr. Trickier was cooperative when the police asked if they could search his car and bedroom for [730]*730evidence of Mr. Wiley’s missing property. Mr. Trickier voluntarily signed a consent to search card. During the search of Mr. Trickler’s vehicle, several items of personal property belonging to Mr. Wiley were found. Mr. Trickier admitted that certain items found in his car did belong to Mr. Wiley and must have been put into his car by mistake. During the search, a credit card belonging to Kathleen D. Nunez was found in a black attache case in the back of Mr. Trickler’s car.

After the search of the vehicle was completed the officers returned to the house to search the room that Mr. Trickier rented. During an initial protective sweep of the room Officer Brian Tafoya noticed a .32 caliber revolver in a leather holster lying in plain view on a dresser. The officer secured it and noticed the weapon was loaded.

Mr. Trickier was arrested at the scene and transported to the jail. After some initial investigation, he was charged in the Spokane County Superior Court with second degree possession of stolen property and first degree unlawful possession of a firearm. Shortly after his arrest, Mr. Trickier allegedly phoned Mr. Wiley’s son, Matt, who also lived at the residence on Standard. Matt and Mr. Trickier had been roommates for several months and Matt said he recognized Mr. Trickler’s voice on the phone. Mr. Trickier allegedly told Matt that he had better get his father, Mr. Wiley, to drop the charges or Mr. Trickier would “drop” Mr. Wiley. Report of Proceedings at 167.

The State filed an amended information, which included the charge of possession of drug paraphernalia. However, the court denied the State’s attempt to amend the information and add charges so close to trial. A pretrial CrR 3.5 hearing was held to determine whether any verbal statements could be suppressed. The court determined that certain statements, not relevant to this appeal, would be suppressed. It reserved its ruling on the issue of whether Mr. Trickler’s alleged threat would be allowed as evidence at trial until the State made an offer of proof regarding the substance and surrounding circumstances of the hearsay conversation.

[731]*731Mr. Trickler’s case was tried before a jury. At some point during the jury selection process, Mr. Trickier requested an opportunity to plead guilty to the possession of stolen property charge. He told the court he was willing to proceed to a trial on the merits on the weapon charge. After hearing the arguments of counsel, the court denied Mr. Trickler’s request. The court also denied Mr. Trickler’s motion to dismiss at the end of the State’s case in chief. Mr. Trickier was found guilty as charged and sentenced within the standard range. This timely appeal resulted.

DISCUSSION

Mr. Trickier first contends that the trial court erred when it denied his request to enter a guilty plea to the possession of stolen property charge after the trial had begun. He claims that he has a right to plead guilty pursuant to CrR 4.2(a), and the trial court’s violation of this right was prejudicial. The State responds that Mr. Trickier has demonstrated neither a legal right, which the trial court transgressed, nor resulting prejudice from the trial court’s denial of his request to plead guilty.

There is no constitutional right to enter a guilty plea. State v. Ford, 125 Wn.2d 919, 923, 891 P.2d 712 (1995). However, this state has established a right to plead guilty through the adoption of CrR 4.2(a) (defendant may, at arraignment, plead not guilty, not guilty by reason of insanity, or guilty). In State v. Martin, 94 Wn.2d 1, 5, 614 P.2d 164 (1980), the Supreme Court held: “[W]e have been informed of no statute or rule of court which grants a trial court authority to decline a plea of guilty made competently, knowingly, voluntarily, unconditionally, unequivocally and on advice of counsel.” Mr. Trickier urges the panel to follow that rule of law. That holding, however, was modified in State v. James, 108 Wn.2d 483, 488, 739 P.2d 699 (1987) (unconditional right to plead guilty does not apply in subsequent proceedings if defendant voluntarily, know[732]*732ingly, and intelligently enters a plea of not guilty at arraignment).

Although the arraignment hearing was not transcribed for the record it is clear that Mr. Trickier pleaded not guilty because the case proceeded to trial. As such, Mr. Trickier took advantage of his unconditional right to enter a plea at arraignment pursuant to CrR 4.2(a). Following the reasoning of James, the trial court was not required to accept his change of plea during the jury selection process. As such, the trial court did not abuse its discretion when it denied Mr. Trickler’s request to plead guilty to the possession of stolen property charge.

Next, Mr. Trickier claims that the trial court erred when it permitted at trial evidence of numerous uncharged bad acts, such as testimony regarding items of personal property belonging to Mr. Wiley that were found in Mr. Trickler’s car as he was moving out of Mr. Wiley’s residence. He contends that, had the trial court properly weighed the probative value of the evidence versus its prejudicial effect under ER 403, it would have been apparent that evidence of the uncharged bad acts was highly prejudicial and should not have been admitted at trial.

Evidence of other crimes, wrongs, or acts is inadmissible to prove the character of a person or to show that a person acted in conformity with that character. ER 404(b). However, such evidence may be admissible for other purposes, including intent, knowledge, or absence of mistake.

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Cite This Page — Counsel Stack

Bluebook (online)
106 Wash. App. 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-trickler-washctapp-2001.