State charged Britt Augustus Anderson with possession of
stolen property in the first degree and bail jumping. A jury
found Anderson guilty of bail jumping but did not return a
verdict on the stolen property charge. Anderson argues
that the trial court's to convict instruction for bail
jumping was constitutionally inadequate because it did not
name possession of stolen property as the underlying crime.
Because identifying the underlying crime by name is not an
element of bail jumping, we affirm.
January 2016, the police received information that a front
loader had been stolen.
an investigation, the State charged Anderson with one count
of possession of stolen property in the first degree for the
front loader. The court arraigned Anderson. He posted bail
and the court ordered him to appear for a pretrial hearing on
April 11, 2016. Anderson failed to appear on April 11, but he
appeared the next day. The State filed an amended information
adding one count of bail jumping. The case proceeded to a
trial, the court instructed the jury on both counts. Relevant
to this appeal, the court provided the following to convict
instruction for bail jumping:
To convict the defendant, Britt Anderson, of the crime of
Bail Jumping in count 2 of Cause No. 16-1- 00216-9, each of
the following elements of the crime must be proved beyond a
(1) That on or about April 11, 2016, the defendant failed to
appear before a court;
(2) That the defendant was charged with a class B or C
(3) That the defendant had been released by court order or
admitted to bail with knowledge of the requirement of a
subsequent personal appearance before that court; and
(4) That the acts occurred in the State of Washington.
If you find from the evidence that each of these elements has
been proved beyond a reasonable doubt, then it will be your
duty to return a verdict of guilty.
On the other hand, if, after weighing all of the evidence,
you have a reasonable doubt as to any one of these elements,
then it will be your duty to return a verdict of not guilty.
Papers (CP) at 83 (Instr. 21). The court also instructed the
jury that possession of stolen property in the first degree
was a class B felony. ...