Appeal from Snohomish Superior Court. Docket No: 12-1-00355-1. Date filed: 07/11/2012. Judge signing: Honorable Linda C Krese.
Anthony Lewis Williams, pro se.
Oliver R. Davis (of Washington Appellate Project ), for appellant.
Mark K. Roe, Prosecuting Attorney, and Jennifer Dejong, Seth Aaron Fine, and Mary K. Webber, Deputies, for respondent.
AUTHOR: Marlin Appelwick, J. WE CONCUR: James Verellen, J., Mary Kay Becker, J.
[178 Wn.App. 106] ¶ 1 Williams appeals the judgment and sentence imposed following his convictions for attempting to elude a pursuing police vehicle and first degree driving with a suspended license. Williams argues that defects in the information and special verdict instructions regarding the sentencing enhancement of endangering the public pursuant to RCW 9.94A.834 mandate reversal. We affirm.
¶ 2 The State charged Anthony Williams with attempting to elude a pursuing police vehicle, driving under the influence (DUI), and first degree driving with a suspended license. The State also filed a special allegation that Williams' actions endangered the public pursuant to RCW 9.94A.834. The charging language for the enhancement read as follows:
COUNT I: ATTEMPTING TO ELUDE A PURSUING POLICE VEHICLE,
committed as follows: That the defendant, on or about the 23rd day of October, 2011, as a driver of a motor vehicle, did willfully fail or refuse to immediately bring his or her vehicle to a stop and did drive his or her vehicle in a reckless manner while attempting
to elude a pursuing police vehicle, after having been given a visual or audible signal to bring the vehicle to a stop, said signal having been given by hand, voice, emergency light, or siren by a uniformed police officer whose vehicle was equipped with lights and siren; proscribed by RCW 46.61.024, a felony, and the crime was aggravated by the following circumstance: one or more persons other than the defendant or the pursuing law enforcement officer were threatened with physical injury or harm by the defendant's actions while committing the crime of attempting to elude a police vehicle; as provided by RCW 9.94A.834.
¶ 3 At the conclusion of the evidence, the trial court instructed the jury regarding the sentencing ...