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Washington v. Shelby

as corrected.: May 13, 1991.

THE STATE OF WASHINGTON, RESPONDENT,
v.
ARMONDO TREMAINE SHELBY, APPELLANT



Pekelis, J. Scholfield, J., concurs. Grosse, C.j., concurs by separate opinion.

Author: Pekelis

Armondo Tremaine Shelby appeals his two convictions for criminal trespass in the second degree. Shelby contends that RCW 9A.52.080 and RCW 28A.87.055 are concurrent statutes, and that the State improperly charged him under RCW 9A.52.080, the "general" criminal trespass statute, rather than RCW 28A.87.055, the "special" statute which prohibits disobeying a valid order to leave school property.

I

On October 31, 1988, Jerry Perringroth, the assistant principal of Hazen High School, encountered Armondo Tremaine Shelby and two friends in the high school hallway. Shelby was not a student at Hazen High School. Perringroth told Shelby that he could not be on the high school campus without authorization. Perringroth advised him to go to the front office and check in. Perringroth also told him that he must wait outside for his friend until 2:20 p.m. The two assistant vice-principals in the front office, Julie Goldsmith and Cliff Donley, told Shelby that he could sit in the school until the bell rang, and then go out to the front of the building. When the bell rang, Shelby did not leave the school. Donley confronted Shelby and told him to leave. Shelby left the building.

A few minutes later, Shelby reentered the building and confronted Goldsmith. The police were called when Shelby became belligerent. Perringroth escorted Shelby off the school premises. Shelby returned to school property a few minutes later. Security officer James Swenning told Shelby to leave. He refused. Subsequently, Officer Larry Strauss of the Renton Police Department arrived for the second time that day. Officer Swenning and Officer Strauss restrained Shelby and arrested him for trespassing.

On December 5, 1988, the State filed an information charging Shelby with criminal trespass in the second degree in violation of RCW 9A.52.080. The trial court held a fact-finding hearing. After the State rested, Shelby moved to dismiss on the grounds that he had been improperly charged under RCW 9A.52.080, the general criminal trespass statute, rather than RCW 28A.87.055, a special statute which prohibits disobeying a valid order to leave school property. The trial court denied the motion.

On October 18, 1989, the trial court entered findings, conclusions, and judgment. The trial court found that Shelby knowingly entered and remained on Hazen High School property although he was not authorized to do so. The trial court also found that Shelby was warned that his

entering and remaining were unlawful. Accordingly, the trial court found Shelby guilty of criminal trespass in the second degree.

II

On March 22, 1989, Shelby and a friend appeared on the grounds and in the hallway of McKnight Middle School.*fn1 Shelby was not a student at McKnight Middle School. The assistant principal, Carolyn Bondy, informed Shelby that he could not stay on the school campus.

Rather than leaving, Shelby and his companion moved closer in to the building to stand right outside the room where a school activity was in progress. Bondy again asked them to leave and informed them they were trespassing. Shelby answered with an obscenity. The principal then asked them to leave and police were called. Shelby and his companion left prior to their arrival. Approximately 15 minutes elapsed between the first time Shelby was asked to leave and his departure.

On May 9, 1989, the State filed an information charging Shelby with criminal trespass in the second degree in violation of RCW 9A.52.080. The trial court held a fact-finding hearing. After the State rested, Shelby moved to dismiss on the grounds that he had been improperly charged under RCW 9A.52.080, the general criminal trespass statute, rather than RCW 28A.87.055, a special statute which prohibits disobeying a valid order to leave school property. The trial court reserved its ruling on the motion.

After the defense rested, the trial court set the matter over for closing arguments and for further consideration of the defense motion to dismiss. At the subsequent hearing the court ...


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