Appeal from Mason County Superior Court. Docket No: 13-1-00171-3. Judge signing: Honorable Amber L Finlay. Judgment or order under review. Date filed: 11/25/2013.
Thomas E. Doyle, for appellant.
Michael K. Dorcy, Prosecuting Attorney, and Michael N. Rothman, Deputy, for respondent.
Authored by Lisa Worswick. Concurring: Thomas R Bjorgen, Lisa Sutton.
[186 Wn.App. 361] Lisa Worswick,
[¶1] Jamie Satterthwaite appeals her conviction for possession of a stolen motor vehicle,
arguing the charging document was constitutionally deficient for failure to include RCW 9A.56.140(1)'s term that the defendant must " withhold or appropriate [possessed stolen property] to the use of any person other than the true owner or person entitled thereto." We hold as a matter of first impression that " withhold or appropriate" is an essential element of RCW 9A.56.068's possession of a stolen motor vehicle. Because the necessary facts of RCW 9A.56.068's " withhold or appropriate" element do not appear in any form, nor by fair construction can they be found, in the charging document, we reverse Satterthwaite's conviction and remand for further proceedings.
[¶2] The State charged Jamie Satterthwaite with possession of a stolen motor vehicle and bail jumping. The third amended information stated the following about the possession of a stolen motor vehicle count:
In the County of Mason, State of Washington, on or about the 8th day of April, 2013, the above-named defendant, JAMIE C. SATTERTHWAITE, did commit POSSESSION OF A STOLEN MOTOR VEHICLE, a Class B Felony, in that said defendant did knowingly possess a stolen vehicle, to wit: 1988 Chevrolet S-10, WA License Number 624-XMK, belonging to Fred Anderson, contrary to RCW 9A.56.068 and against the peace and dignity of the State of Washington.
Clerk's Papers (CP) at 53. Satterthwaite did not object to this charging document below.
[¶3] A jury found Satterthwaite guilty of possession of a stolen motor vehicle and bail jumping. ...