State v. Wiggins

57 P.3d 1199, 114 Wash. App. 478, 2002 Wash. App. LEXIS 2966
Court of Appeals of Washington·Decided November 26, 2002·No. No. 20463-4-III·Published·Cited by 12 cases

Opinion

Kurtz, J.

William Wiggins was convicted of unlawful possession of explosives pursuant to RCW 70.74.022(1). This provision states that it is unlawful “to manufacture, purchase, sell, offer for sale, use, possess, transport, or store any explosive, improvised device, or components that are intended to be assembled into an explosive or improvised device” without having a valid license. When apprehended by police, Mr. Wiggins was carrying an empty gasoline can and a glass bottle with gauze stuffed into it. Mr. Wiggins explained that he was on his way to purchase gasoline so that he could make a Molotov cocktail to throw on his ex-girl friend’s front lawn. On appeal, Mr. Wiggins contends the evidence is insufficient to support a conviction under RCW 70.74.022(1) because he did not have all of the components required to assemble a Molotov cocktail at the time of his arrest. We conclude Mr. Wiggins’ appeal essentially involves a dispute over the statutory construction of RCW 70.74.022(1). Mr. Wiggins contends that he cannot be convicted under that statute because he did not possess all of the components necessary to make a Molotov cocktail. We agree. The unambiguous language of RCW 70.74.022(1) requires a showing that the defendant had all of the components necessary to assemble some type of explosive or improvised device. For that reason, we reverse Mr. Wiggins’ conviction.

FACTS

On April 2, 2001, William Wiggins called his ex-girl friend, Yvonne Bezotte, and told her how upset he was that she had recently married another man. Concerned that Mr. Wiggins was suicidal, Ms. Bezotte immediately notified police and asked that someone check on Mr. Wiggins. Shortly thereafter, police officers found Mr. Wiggins wandering down the side of the road near his home. Mr. Wiggins appeared to be crying and was carrying an empty gasoline can and a glass bottle with gauze stuffed into it. Mr. Wiggins told the officers that Jim had stolen his girl friend and that he was going over to Jim’s house to hurt him. Mr. [481] Wiggins also told police that he was on his way to a service station to fill up the gasoline can so that he could make a Molotov cocktail to throw on Yvonne’s front lawn to scare “them.” Report of Proceedings (RP) at 29.

Mr. Wiggins was arrested and transported to jail. Detective Chester Gilmore interviewed Mr. Wiggins after reading him his constitutional rights. Mr. Wiggins stated that he did not mean to hurt Jim or Ms. Bezotte. Mr. Wiggins also stated that he was “ ‘walking drunk’ ”1 when first contacted by police and that he wanted to get gasoline so he could “ ‘scare the heck out of Jim.’ ”2 Mr. Wiggins also indicated that he intended to throw the Molotov cocktail in the yard so that it broke and burned only the yard.

At the conclusion of a bench trial, Mr. Wiggins was convicted of unlawful possession of explosives pursuant to RCW 70.74.022(1). On appeal, Mr. Wiggins contends the evidence is insufficient to support the conviction because he did not possess all of the components required to construct an explosive or improvised device.

ANALYSIS

The fundamental disagreement, here, is whether a conviction for unlawful possession of explosives under RCW 70.74.022(1) requires proof that the defendant possessed all — or only some — of the components necessary to make an explosive or improvised device. Mr. Wiggins contends he cannot be convicted under RCW 70.74.022(1) because he did not have all of the components necessary to make a Molotov cocktail. The State asserts that a violation of RCW 70-.74.022(1) occurs even if the defendant possesses only one or some of the components necessary to make an explosive or improvised device.

We review issues regarding statutory construction de novo. State v. J.M., 144 Wn.2d 472, 480, 28 P.3d 720 [482] (2001) . When interpreting a statute, our goal is to give effect to the legislature’s intent. Dep’t of Ecology v. Campbell & Gwinn, L.L.C., 146 Wn.2d 1, 9, 43 P.3d 4 (2002) . Statutes must be construed to effect their purpose and to avoid strained or absurd results; State v. Stannard, 109 Wn.2d 29, 36, 742 P.2d 1244 (1987).

When a statute is unambiguous, we derive its meaning from the plain meaning of the statute alone. City of Walla Walla v. Topel, 104 Wn. App. 816, 820, 17 P.3d 1244 (2001) (citing Cherry v. Mun. of Metro. Seattle, 116 Wn.2d 794, 799, 808 P.2d 746 (1991)). The plain meaning is discerned by considering the statute as a whole, giving effect to all that the legislature has said and using related statutes to help identify the legislative intent embodied in the provision in question. Campbell & Gwinn, 146 Wn.2d at 11. When considering words contained in a statute that are not defined, the court should carefully consider the subject matter involved, the context in which the words are used, and the purpose of the statute. City of Tacoma v. Taxpayers of Tacoma, 108 Wn.2d 679, 693, 743 P.2d 793 (1987). If statutory language is susceptible of two constructions — one of which will promote the purpose of the statute and the second of which will defeat it — courts will adopt the former. City of Seattle v. Fontanilla, 128 Wn.2d 492, 498, 909 P.2d 1294 (1996) (citing Roza Irrigation Dist. v. State, 80 Wn.2d 633, 638, 497 P.2d 166 (1972)).

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State v. Wiggins, 57 P.3d 1199, 114 Wash. App. 478, 2002 Wash. App. LEXIS 2966 (Wash. Ct. App. 2002).

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