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State v. Maganai

October 4, 1996, As amended, November 1, 1996

STATE OF WASHINGTON, RESPONDENT,
v.
ROBERTO MAGANAI, APPELLANT.



Appeal from Superior Court of Pierce County. Docket No: 94-1-02458-4. Date filed: 12/13/94. Judge signing: Hon. Frederick B. Hayes.

Authored by Karen G. Seinfeld. Concurring: David H. Armstrong, John E. Turner.

The opinion of the court was delivered by: Seinfeld

SEINFELD, C. J. -- A jury found Roberto Maganai guilty of attempted first degree rape. The evidence showed that Maganai had pulled his victim from her car and thrown her to the ground, but abandoned the attack after the victim began screaming for help. As the felonious entry of a vehicle is an essential element of first degree rape and as it is a misdemeanor, not a felony, to wrongfully enter a car, we conclude that the evidence was insufficient to convict Maganai of attempted rape in the first degree. Thus, we reverse the conviction and remand for resentencing for second degree attempted rape.

FACTS

Late one evening, DT lost her way after taking a co-worker home from work. Finding herself on a dark road near the Puyallup River, she stopped her Jeep Cherokee and called her boyfriend, WG, on her cellular phone.

During this call, a white sedan occupied by two Hispanic males pulled up next to her. DT interrupted her conversation with WG and asked the two men for directions. The men conferred with one another in Spanish; neither responded to DT's repeated inquiries.

Scared, DT continued her connection with WG, but told the men that she had called 9-1-1 and that she no longer needed their help because the police were assisting her. The men pulled away.

DT then began turning her Jeep around. As she turned, she saw the sedan backing up toward her rapidly. Panicked, DT drove the Jeep into a ditch, but nonetheless was able to read the sedan's license plate number over the phone to WG.

The sedan stopped and the passenger jumped out, opened the door of the Jeep, and pulled DT onto the roadside. DT screamed and yelled for help. She struggled with her assailant and broke away. He caught her, threw her to the ground, pulling and ripping her dress and nylons.

On the other side of the river, patrons at a cinema heard DT's cries and began yelling out to her. At this, DT's assailant abandoned his attack and jumped into the sedan, which then sped away.

Meanwhile, WG hung up and dialed 9-1-1. The Puyallup Police Department also received reports of a woman crying for help from behind a cinema building in Puyallup. Within moments several police officers were at DT's side.

DT told the officers that her assailants were two Hispanic males who were traveling in a white sedan. She also told them part of the sedan's license plate number. The police radio dispatcher then provided the officers with the complete license number that WG had given to 9-1-1. Two officers began searching the surrounding area for the suspects.

About 10 minutes later, the officers discovered a white Ford Fairlane sedan with a license number that matched the number WG had provided in a bingo hall parking lot. Security guards advised the police that the sedan's occupants, two Hispanic males, had gone inside.

The security guards then brought the sedan's occupants, Roberto Maganai and Rafael Cuiriz, to the parking lot where law enforcement personnel handcuffed them. Another officer brought DT to the ...


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