COUNSEL: Counsel for Respondents: Courtney Arin Williams, Attorney at Law, Seattle, WA; David Carr Kelly, Peterson Russell Kelly PLLC, Bellevue, WA. Counsel for Appellants: Randy Barnard, O'Shea Barnard Martin PS, Bellevue, WA. JUDGES: Written by: Judge Lau. Concurred by: Judge Becker; Judge Dwyer. OPINION BY: LAU OPINION LAU, J.--The real estate statute of frauds, RCW 64.04.010, requires that a contract for the sale of land must describe the land by legal description sufficient to locate the...  

Jeremy McCurdy appeals his convictions for possession of methamphetamine, use of drug paraphernalia, and third degree driving while license suspended. Mr. McCurdy contends the traffic stop that ultimately resulted in the search of his vehicle and the discovery of the drug paraphernalia was the result of a pretextual stop. The parties do not challenge the findings of fact. We review whether the findings support the trial court's conclusion that the stop was not pretextual. We reverse the...  

The defendant in this case was convicted of failing to register as a sex offender. He challenges the sufficiency of the evidence to support his conviction. And he challenges the statutory authority of the sentencing court to add a term of community custody to his term of confinement. The legislature amended and renumbered one statute authorizing the imposition of community custody but failed to correct the numbering in a related statute. As a result, the related statute referred to the wrong...  

A jury convicted Linda Ganske of fourth degree assault based on an incident occurring while Ashley Woods, a mental health worker, visited Ms. Ganske at her home. After their session ended, Ms. Woods attempted to leave, and Ms. Ganske blocked and detained Ms. Woods, preventing her from leaving. Ms. Ganske also pulled Ms. Woods's hair. On appeal, Ms. Ganske contends she received ineffective assistance of counsel when defense counsel failed to object to the State's motion to exclude evidence of a...  

In 1998, Union Elevator & Warehouse Company, Inc., was forced to relocate its East Lind grain elevator after a Washington State Department of Transportation (DOT) highway project permanently closed Union Elevator's main access road, effectively putting the elevator out of business. A jury awarded damages to Union Elevator for losses resulting from the impaired access to its business. Union Elevator built another grain elevator and requested relocation compensation under our state's relocation...  

Virgil Montgomery challenges both his conviction for possession of pseudoephedrine with intent to manufacture methamphetamine and his standard range 51-month sentence. Among other arguments, Montgomery asserts his trial was tainted by improper opinion testimony, an improper missing witness instruction, and improper argument about missing potential defense witnesses. We agree with Montgomery that the State's opinion testimony was improper, as was the missing witness argument and instruction....  

Gregory Lamont Briscoe appeals his conviction and sentence based on his bargained for guilty pleas. Briscoe challenges: (1) the sentencing court's refusal to hear his motion to withdraw his guilty plea on one charge; (2) the validity of the convictions; (3) the sentencing court's refusal to grant him a drug offender sentencing alternative (DOSA) sentence, former RCW 9.94A.660 (2002); and (4) the sentencing court's imposition of a sentence that exceeded the statutory maximum. There being no...  

Larry Blackwell and Lisa Kanamu appeal their convictions for first and second degree assault with a firearm. Blackwell also appeals his conviction for second degree unlawful possession of a firearm and Kanamu appeals her conviction for first degree unlawful possession of a firearm. Each asserts that several trial court errors and multiple instances of ineffective assistance of counsel deprived them of a fair trial. Both also filed a statement of additional grounds for review (SAG).1 Blackwell...  

Bagelheads, Inc. (a company owning bagel stores) and Robert Mackey Jr. appeal a jury verdict in favor of Donald Kosterow in a dispute arising out of a consulting agreement. We hold that Mackey waived his defense concerning the royalty payments due for a Pensacola, Florida store in which Mackey owned a majority interest. Additionally, we hold that there was no evidence that Mackey violated the contractual non-disclosure provision concerning operations of a bagel store and, thus, no damages are...  

Todd J. Albright appeals his term of community custody imposed for his conviction of failing to register as a sex offender. Albright stipulated that he was required to register as a sex offender and that he had failed to do so between July 14 and August 14, 2006. The trial court found him guilty of failing to register as a sex offender under RCW 9A.44.130(11)(a), notified Albright that he must register as a sex offender for violating his registration duty, and imposed a sentence of 12 months...  

The Department of Corrections (DOC) appeals the trial court's decision vacating the Personnel Appeals Board's (PAB) order upholding Cyndi Walters's dismissal as director of the DOC's Staff Resource Center (SRC). The trial court vacated the PAB's order on the grounds that PAB member, Busse Nutley, violated the appearance of fairness doctrine and Canon 3(D) and (E) of the Code of Judicial Conduct (CJC). Walters argues that if this court holds that there is no appearance of fairness violation and...  

Darlene Tehennepe appeals the trial court's order dissolving her marriage to Bernard Tehennepe. She argues that (1) the trial court improperly used an expedited trial procedure, (2) insufficient evidence supports the trial court's finding of Bernard's large equitable interest in the Yacolt residence, (3) insufficient evidence supports the trial court's finding that Bernard's1 retirement accounts were separate property, and (4) the trial court erred in entering a maintenance award without...  

The State seeks discretionary review of the trial court's order appointing a second expert for an evaluation of Christopher Gaylord, whom the State seeks to commit as a sexually violent predator. The State argues that RCW 71.09.050(2) allows indigent respondents only one expert. Alternatively, the State argues that WAC 388-885-010 allows a second expert only for good cause and that the trial court lacked good cause to appoint a second expert for Gaylord. Because the statute allows the court to...  

Laron McGee appeals the trial court's finding that he breached his plea agreement and its denial of his motion to withdraw his guilty pleas to several charged crimes.1 We affirm... FACTS... On October 17, 2005, the State charged McGee with first degree robbery and unlawful possession of a controlled substance. On January 6, 2006, the State charged him with unlawful... ... ... possession of a firearm, possession of a stolen firearm, and reckless driving. On June 8, 2006, McGee entered Alford...  

Bainbridge Citizens United (United) informed the Department of Natural Resources (Department) that "approximately fifty vessels, seven rafts and thirty buoys" were trespassing on state-owned aquatic lands in Eagle Harbor. Clerk's Papers (CP) at 351. After the Department and the City of Bainbridge Island did not respond as United would have liked, United filed a petition for review under the Administrative Procedure Act (APA), ch. 34.05 RCW, and, in the alternative, a petition for...  

Adam Jacobs appeals the trial court's sentence on his convictions of first degree robbery, first degree burglary, and second degree assault. He argues that the trial court erred in finding the three convictions did not comprise the "same criminal conduct" and in failing to merge his first degree robbery and second degree assault convictions for sentencing purposes. We affirm... Facts... On November 3, 2006, Jacobs and an accomplice, wearing masks, entered Lanita Camba's bedroom in her...  

The Lake Jane Estates Homeowners Association (LJE) appeals the trial court's grant of judgment on the pleadings in favor of Randy S. Jensen, arguing that (1) judgment on the pleadings was improper because there are disputed issues of fact, (2) the trial court's order undermines the homeowners' reasonable expectations, and (3) it is the de facto successor of the Lake Tapps Development Co. (the developer). Because whether LJE is the de facto successor to the developer is a disputed material fact...  

Xavier Johnson appeals the revocation of his special sex offender sentencing alternative (SSOSA)1 sentence after two sexual deviancy counselors terminated his treatment because he was repeatedly dishonest and committed crimes. He claims that (1) the trial court violated his due process rights and abused its discretion when it revoked his SSOSA sentence and (2) his guilty plea was involuntary. We affirm... FACTS... On July 27, 2004, Johnson pleaded guilty to two counts of second degree child...  

Mark Smith appeals his convictions for felony violation of a court order and domestic violence entered after a stipulated facts bench trial. He argues that: (1) the trial court erred when it admitted evidence of his prior violations and (2) he received ineffective assistance of counsel.1 We affirm... Facts... Kitsap County Sheriff's Deputy Dave Meyer initiated a traffic stop after he saw that a passenger in the front seat of a vehicle was not wearing a seat belt. The driver parked in Shelley...  

David A. Black appeals the trial court's decision rejecting his contest to the probate of his father's last will and testament. He contends that the trial court (1) applied the incorrect burden of proof, (2) erred in finding that the will was properly executed, and (3) erred when it failed to enter specific findings of fact about his father's testamentary intent. Finding no error, we affirm... FACTS... On July 31, 1990, James A. Black married his long time companion, Joan Stone. Black had two...