State v. Warfield

5 P.3d 1280, 103 Wash. App. 152
Court of Appeals of Washington·Decided August 18, 2000·No. 23951-5-II, 23952-3-II, 23953-1-II·Published·Cited by 27 cases

Opinion

5 P.3d 1280 (2000)

STATE of Washington, Respondent,
v.
Samuel William WARFIELD, Appellant.
State of Washington, Respondent,
v.
Mark Todd Richardson, Appellant.
State of Washington, Respondent,
v.
Derek Dominic Gonzales, Appellant.

Nos. 23951-5-II, 23952-3-II, 23953-1-II.

Court of Appeals of Washington, Division 2.

August 18, 2000.

Lisa Elizabeth Tabbut, Cowlitz County Pros. Office, James Jay Stonier, Cowlitz County Prosecutor, Kelso, for Respondent.

Eleanor Marie Couto, John A. Hays (Court Appointed), Longview, Charles Henry Buckley, Baum, Etengoff & Buckley (Court Appointed), Vancouver, for Appellants.

*1281 HUNT, A.C.J.

Samuel William Warfield, Mark Todd Richardson, and Derek Dominic Gonzales appeal their convictions for unlawful imprisonment. They argue that the unlawful imprisonment statute, RCW 9A.40.040, is unconstitutionally vague and that their convictions should have been dismissed because the State failed to prove an essential element of the crime—that they knowingly acted without lawful authority when they restrained a man for whom an Arizona arrest warrant was outstanding and checked with local police before returning him to an Arizona jail. We hold that the statutory definition of unlawful imprisonment, to "knowingly restrain," causes the adverb "knowingly" to modify all components of the statutory definition of "restrain," including the "without lawful authority" component. Accordingly, we reverse.

FACTS

The State charged Samuel Warfield, Mark Richardson, and Derek Gonzales with one count of unlawful imprisonment (Count I) and one count of fourth degree assault (Count II). The assault charged was later merged into the unlawful imprisonment charge. Trial was conducted on the following stipulated facts:

1. On April 19, 1997, Defendants Samuel Warfield, Mark Richardson, and Derek Gonzales drove to Kelso, Cowlitz County, Washington for the purpose of arresting Mark DeBolt on a 1987 UIBC[[1]] misdemeanor warrant out of Maricopa County, Arizona.
2. On that date, there was a valid warrant out of Maricopa County for Mark DeBolt's arrest. A certified copy of this warrant is attached hereto, and incorporated as part of this Finding of Fact.
3. On April 19, 1997, defendants Samuel Warfield, Mark Richardson, and Derek Gonzales arrived in Kelso and waited for Mr. DeBolt at the Target Store parking lot. When Mr. DeBolt arrived, defendants Samuel Warfield, Mark Richardson, and Derek Gonzales physically grabbed Mr. DeBolt and took him to their van, where they substantially restrained his movement without his consent while waiting for the police to arrive. The substantial restraint continued until the police arrived. The physical contact was offensive to Mr. DeBolt.
4. Within 5 to 10 minutes, Kelso Police arrived and interviewed everyone present, including defendants Samuel Warfield, Mark Richardson, and Derek Gonzales.
5. Following the interviews, the Kelso Police reviewed the warrant that Mr. Gonzales had. The Kelso Police then told Mr. DeBolt and the three defendants that the warrant appeared valid. At that point, the Kelso Police allowed defendants Samuel Warfield, Mark Richardson, and Derek Gonzales to retake custody of Mr. DeBolt under the Arizona warrant for the purpose of taking Mr. DeBolt to Arizona.
6. Defendants Samuel Warfield, Mark Richardson, and Derek Gonzales then drove Mr. DeBolt directly to the Mojave County Jail at Kingsman, Arizona, where they turned custody of Mr. DeBolt over to the Mojave County Sheriff.
7. The Mojave County jail at Kingsman, Arizona was the nearest jail in Arizona to which the defendants could take Mr. DeBolt.
8. None of the three defendants has a surety relationship with a bail bondsman. All three defendants are private citizens. None of the three defendants is a law enforcement officer.
9. All three of the defendants had a good faith belief that they had legal authority to arrest Mr. DeBolt on the Arizona warrant, take him into custody, and transport him to jail in Arizona.
10. Mark DeBolt had never been admitted to bail in Arizona. The warrant had been issued upon his failure to appear on a criminal summons.....

The trial court convicted all three as charged and sentenced them within the standard range. The trial court denied their motions to dismiss, concluding that as a matter of law: (1) The defendants had no lawful *1282 authority to restrain DeBolt; (2) the Arizona misdemeanor arrest warrant, standing alone, had no lawful effect in Washington; (3) "[t]hat the defendants had a good faith belief in the validity of the Arizona misdemeanor warrant in Washington [was] not a defense"; and (4) the unlawful restraint statute was not void for vagueness.

We consolidated the defendants' three appeals.

ANALYSIS

Courts should construe statutes to avoid absurd results. Young v. Estate of Snell, 134 Wash.2d 267, 282, 948 P.2d 1291 (1997); State v. Day, 96 Wash.2d 646, 648, 638 P.2d 546 (1981); State v. Chester, 82 Wash.App. 422, 427, 918 P.2d 514 (1996). In interpreting statutes, we give effect to the object and intent of the Legislature. Ravsten v. Department of Labor & Indus., 108 Wash.2d 143, 150, 736 P.2d 265 (1987); Herzog v. Department of Labor & Indus., 40 Wash.App. 20, 25, 696 P.2d 1247 (1985).[2] Where the meaning of a statute is clear on its face, we assume that the Legislature "means exactly what it says"[3] and we give effect to the plain language without regard to rules of statutory construction. Allan v. Department of Labor & Indus., 66 Wash.App. 415, 418, 832 P.2d 489 (1992).

Here, neither the plain language of the unlawful imprisonment statute nor the legislative history supports the State's contention that the Legislature intended "knowingly" to modify only the restricting-another's-movements component. Because we find the meaning of RCW 9A.40.040 clear on its face, and supported by legislative history, we need not reach the other issues,[4] including those relating to the statute's constitutionality.

I. PLAIN LANGUAGE OF THE STATUTE

A person commits the crime of unlawful imprisonment when "he knowingly restrains another person." RCW 9A.40.040. To "restrain" means

to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his liberty. Restraint is "without consent" if it is accomplished by (a) physical force, intimidation, or deception....

RCW 9A.

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State v. Warfield, 5 P.3d 1280, 103 Wash. App. 152 (Wash. Ct. App. 2000).

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