State v. Woods

156 P.3d 309
CourtCourt of Appeals of Washington
DecidedApril 24, 2007
Docket24910-7-III
StatusPublished
Cited by26 cases

This text of 156 P.3d 309 (State v. Woods) 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. Woods, 156 P.3d 309 (Wash. Ct. App. 2007).

Opinion

156 P.3d 309 (2007)

STATE of Washington, Respondent,
v.
Curtis WOODS, Appellant.

No. 24910-7-III.

Court of Appeals of Washington, Division 3.

April 24, 2007.

*310 William D. Edelblute, Attorney at Law, Spokane, WA, for Appellant.

Kevin Michael Korsmo, Attorney at Law, Andrew J. Metts III, Spokane County Pros Offc, Spokane, WA, for Respondent.

SCHULTHEIS, A.C.J.

¶ 1 Curtis S. Woods appeals his conviction for third degree assault while armed with a deadly weapon, alleging ineffective assistance of counsel based on a faulty self-defense instruction. Because the jury instruction proposed by defense counsel and given by the court did not accurately state the law and we cannot say the result would have been the same had the correct instruction been given, we reverse.

FACTS

¶ 2 Around 9:00 A.M. on September 11, 2005, Mr. Woods was walking to a senior center for breakfast. As he approached the center, Richard Probert was parking his truck in front of the center. Mr. Woods walked up to Mr. Probert's truck intending to ask for some money he had given to Mr. *311 Probert the night before. As Mr. Woods approached the driver's side of the truck, Mr. Probert ordered him to get away from his truck. Mr. Woods refused to back away and continued to confront Mr. Probert about the money.

¶ 3 At this point, Mr. Woods' and Mr. Probert's stories differ. According to Mr. Woods, Mr. Probert reached for a hammer under the driver's seat, and hit Mr. Woods on the hand with it. Mr. Woods retaliated by jabbing him with a knife. Mr. Woods was later treated for a hand wound.

¶ 4 Mr. Probert testified that when he opened the door to his truck, Mr. Woods came running up, yelling, "Where's my shit?" Report of Proceedings (RP) at 25. According to Mr. Probert, Mr. Woods was angry because he had failed to return his micro-wave. Mr. Probert testified that Mr. Woods was carrying a knife, and refused to put it down. Simply to frighten Mr. Woods, Mr. Probert picked up a hammer from under his seat, and placed it on the passenger seat. Undaunted, Mr. Woods stabbed Mr. Probert in the shoulder, resulting in a wound that required three stitches. Mr. Probert denied threatening or assaulting Mr. Woods.

¶ 5 Two witnesses saw the confrontation, but neither was able to see inside the cab of the truck. Timothy Leu witnessed the altercation from his third floor apartment above the street where Mr. Probert's truck was parked. He testified that he saw a male with a knife arguing with someone inside a pickup truck. He then witnessed the person outside the truck make a "stabbing motion" into the vehicle. RP at 52. Mr. Leu admitted that he was not able to see inside the truck, could not see the driver, and could not provide a complete description of the assailant.

¶ 6 Sterley Palmer told a slightly different version of events. Mr. Palmer testified that he was waiting outside the senior center for breakfast when he saw Mr. Woods standing on the sidewalk near the edge of the street. He saw Mr. Probert advance toward Mr. Woods and watched Mr. Woods back up. Mr. Probert then walked around to the driver's side of his truck and opened the door. When asked to characterize Mr. Woods' demeanor, he answered: "He was definitely in a—what I would call a defensive/offensive pose, ready to either back away or attack." RP at 63.

¶ 7 Next, Mr. Palmer saw Mr. Probert enter his truck and Mr. Woods "raising his hand and bringing it forward." RP at 64. Mr. Palmer heard a yell, and then saw Mr. Probert chasing Mr. Woods with a three- or four-pound hammer. Like Mr. Leu, Mr. Palmer could not see inside the truck and therefore did not witness the circumstances of the assault.

¶ 8 As a result of this incident, the State charged Mr. Woods with one count of third degree assault while armed with a deadly weapon. At trial, defense counsel submitted the general self-defense instruction, which provides that a person may act in self-defense if he reasonably believes he is about to be injured. 11 WASHINGTON PRACTICE: WASHINGTON PATTERN JURY INSTRUCTIONS: CRIMINAL 17.02, at 196 (2d. ed. 1994) (WPIC). Trial counsel also proposed WPIC 17.04, at 203, the "act on appearances" instruction, which provides that actual danger is not necessary for self-defense.

¶ 9 The jury found Mr. Woods guilty as charged.

ANALYSIS

¶ 10 On appeal, Mr. Woods challenges the self-defense instruction based on WPIC 17.04 (Instruction 13), claiming defense counsel was ineffective in proposing it. The State responds that the doctrine of invited error precludes his challenge to the instruction.

Standard of Review

¶ 11 "The legal standard we apply to jury instructions is: `Jury instructions are sufficient if they are supported by substantial evidence, allow the parties to argue their theories of the case, and when read as a whole properly inform the jury of the applicable law.'" State v. Rodriguez, 121 Wash. App. 180, 184-85, 87 P.3d 1201 (2004) (quoting State v. Irons, 101 Wash.App. 544, 549, 4 P.3d 174 (2000)). However, self-defense instructions are subject to heightened appellate scrutiny: "Jury instructions must more than *312 adequately convey the law of self-defense." State v. LeFaber, 128 Wash.2d 896, 900, 913 P.2d 369 (1996). "Read as a whole, the jury instructions must make the relevant legal standard manifestly apparent to the average juror." State v. Walden, 131 Wash.2d 469, 473, 932 P.2d 1237 (1997). Further, "[a] jury instruction misstating the law of self-defense amounts to an error of constitutional magnitude and is presumed prejudicial." LeFaber, 128 Wash.2d at 900, 913 P.2d 369.

Invited Error

¶ 12 The State contends that the doctrine of invited error precludes Mr. Woods' challenge to the self-defense instructions. This doctrine generally forecloses review of an instructional error, but does not bar review of a claim of ineffective assistance of counsel based on such instruction. State v. Studd, 137 Wash.2d 533, 551, 973 P.2d 1049 (1999); see also State v. Aho, 137 Wash.2d 736, 745, 975 P.2d 512 (1999) (review of instructional error "is not precluded where invited error is the result of ineffectiveness of counsel"). Thus, we address the instructions in the context of ineffectiveness of counsel.

Ineffective Assistance

¶ 13 Mr. Woods had the right to effective assistance of counsel at trial. U.S. Const. amend. VI; WASH. CONST. art. I, § 22. We start with the presumption that counsel's representation was effective. Studd, 137 Wash.2d at 551, 973 P.2d 1049. In order to find that trial counsel was ineffective, the defendant must show that counsel's performance was deficient in some respect, and that the deficiency prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); State v. McFarland, 127 Wash.2d 322, 334-35,

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Bluebook (online)
156 P.3d 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-woods-washctapp-2007.