Reconsideration denied May 29, 2014.
Appeal from Yakima Superior Court. Docket No: 11-1-01463-6. Date filed: 08/17/2012. Judge signing: Honorable Ruth E Reukauf.
Richard L. Pearson, pro se.
James P. Hagarty, Prosecuting Attorney, and Tamara A. Hanlon, Deputy, for appellant.
AUTHOR: Stephen M. Brown, J. WE CONCUR: Laurel H. Siddoway, C.J., George B. Fearing, J.
[180 Wn.App. 578] ¶ 1 The State appeals the trial court's decision to vacate the jury's special finding that Richard L. Pearson delivered a controlled substance--hydrocodone within 1,000 feet of a school bus stop. The court reasoned a school official was required to validate the bus stops. Because the admission of a map overlay showing the bus stops violated confrontation principles, we agree with the trial court and affirm.
¶ 2 On September 22, 2011, a confidential informant purchased hydrocodone (a prescription medication) from Mr. Pearson at his trailer located at 1309 North First Street in Yakima. The State charged Mr. Pearson with delivery of a controlled substance--hydrocodone. The State included a special allegation that the delivery occurred within 1,000 feet of a school bus stop.
¶ 3 Michael Martian, Yakima County's director of Geographic Information Systems (GIS) testified for the State. GIS maintains a digital legal map library for the county and all its departments. Mr. Martian testified that designated areas can be digitally imposed over an aerial photography map for the public record. One map maintained by GIS shows school bus stops and school properties created annually from information that is provided yearly from each county school district. During trial, the State inquired, " [G]etting back to the school bus stops, how are those maps created?" Mr. Martian answered, " The bus stop locations [180 Wn.App. 579] come from each school district. They're required to submit to the State before the school year where the bus stop locations are and they do that to the ESD Department, the Educational
School District and they provide a latitude and longitude like a GPS coordinate for each bus stop and that's submitted to the State and we get that information from the State and we plot those points on the map." Report of Proceedings (RP) (May 24, 2012) at 219.
¶ 4 For Mr. Pearson's case, Mr. Martian created a map from GIS' digital information using 1309 North First Street as the center point and depicting a 1,000 foot radius around that center point. The ...