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State v. Fedorov

Court of Appeals of Washington, Division 1

May 12, 2014

The State of Washington, Respondent,
v.
Vadim Fedorov, Appellant

Oral Argument April 21, 2014.

Appeal from Snohomish Superior Court. Docket No: 12-1-02197-4. Date filed: 12/24/2012. Judge signing: Honorable Ellen J. Fair.

Lila J. Silverstein and David L. Donnan (of Washington Appellate Project ), for appellant.

Mark K. Roe, Prosecuting Attorney, and Seth A. Fine and Mary K. Webber, Deputies, for respondent.

AUTHOR: Linda Lau, J. WE CONCUR: J. Robert Leach, J., Marlin Appelwick, J.

OPINION

Page 785

Lau, J.

[181 Wn.App. 189] ¶ 1 Vadim Fedorov appeals from the judgment and sentence entered after a Snohomish County jury found him guilty of second degree identity theft. Because (1) the passage of time and change of circumstances did not render the Miranda [1] warnings stale, (2) the evidence sufficiently established that Fedorov used the name of a specific, real person with intent to commit a crime, (3) the court was not required to instruct the jury as to the specific crime Fedorov intended to commit, and (4) the court's reasonable doubt instruction properly stated the law, we affirm.

FACTS

¶ 2 On October 7, 2012, Everett Police Officer Christopher Reid stopped Fedorov for speeding. Fedorov had no driver's license. Officer Reid asked him for his name and date of birth. He identified himself as Zachary Anderson with an August 31, 1984 birth date. A computer search showed multiple arrest warrants for an individual named Zachary Anderson, born on August 30, 1984. Officer Reid [181 Wn.App. 190] decided the match was sufficiently close and arrested Fedorov on the warrants. Officer Shane Nelson read Fedorov his Miranda rights in Officer Reid's presence. Fedorov said he understood those rights and was willing to talk to the officers.

¶ 3 Still not convinced that Fedorov was who he claimed to be, officers took his fingerprints and compared them to the known prints for Zachary Anderson.[2] Officers determined Fedorov's true name was Vadim Fedorov. At trial, Sergeant George Hughes testified that he contacted Fedorov in the booking area after learning about the fingerprint results:

Page 786

Q. ... You took that information. You went out to that area?
A. Yes. And I walked up by one of the deputy stations and I called for, I think it was a Zachary and then an Anderson. And then finally I called for Fedorov, and Mr. Fedorov raised his hand.
I motioned him to come up to me, and he came up. And I said, " You know, it really pisses me off. You waste our time like this. Why didn't you just tell me who you were?" I said, " Do you think we're stupid?" And he says, " Yeah." I said, " Go sit down."
Q. Okay. And when you called out the name for Zachary Anderson, did the defendant have any kind of, did he display any kind of physical--anything?
A. He was just looking around the room. Yeah.
Q. Any other statements the defendant made at that point?
A. I didn't talk to him any further.

Report of Proceedings (RP) (Dec. 18, 2012) at 137-38.

¶ 4 The State charged Fedorov with second degree identity theft, alleging he used the identity of Zachary Anderson, born on August 30, 1984, to mislead a public servant. A jury found ...


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