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State v. Sony

Court of Appeals of Washington, Division 1

November 17, 2014

The State of Washington, Respondent ,
v.
Generous Sony, Appellant

Oral Argument November 10, 2014

Appeal from King County Superior Court. Docket No: 13-1-10162-5. Judge signing: Honorable Michael C Hayden. Judgment or order under review. Date filed: 07/19/2013.

Maureen M. Cyr (of Washington Appellate Project ), for appellant.

Daniel T. Satterberg, Prosecuting Attorney, and Deborah A. Dwyer, Deputy, for respondent.

Concurring: J. Robert Leach, Ann Schindler.

OPINION

Page 398

[184 Wn.App. 497] Marlin Appelwick, J.

[¶1] Sony appeals his conviction for residential burglary. He argues that he was denied the right to a unanimous jury verdict because the evidence was insufficient to support one of the alternative means of committing the crime. Because residential burglary is not an alternative means crime in the way Sony suggests, we affirm.

FACTS

[¶2] On the evening of March 31, 2013, Ashley Gicewicz was doing laundry in the laundry room down the hall from the apartment she shared with her boyfriend, Juan Parrondo. When Gicewicz finished and returned to the apartment, she neglected to lock the door. Gicewicz placed the quarters left over from the laundry on the kitchen [184 Wn.App. 498] counter and went to sleep in the bedroom with the couple's three children. Parrondo fell asleep on the couch watching television.

[¶3] Around 3:00 a.m., Gicewicz awoke and saw Generous Sony in her bedroom. Sony left the bedroom and returned three times, saying that he " was sorry," that he " was policia," and that he " believes in God." Sony asked Gicewicz to give him her hand. Gicewicz was scared and did not want to wake her children

Page 399

so she buried her face in the mattress and hoped Sony would leave. She heard Sony go into the kitchen, where she heard what sounded like coins falling on the floor.

[¶4] Parrondo awoke to the noise in the kitchen. He went into the kitchen and saw Sony. Sony ran out of the apartment and tried to hold the door closed as Parrondo struggled to open the door from the inside. Parrondo was eventually able to open the door and chased Sony down the stairs from the third floor apartment. Police discovered Sony hiding in some bushes on the other side of a chain-link fence that bordered the apartment complex parking lot. Both Gicewicz and Parrondo identified Sony as the man who had been in their apartment. Parrondo discovered that $440 was missing from his ...


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