UNPUBLISHED OPINION PER CURIAM . Andrew Eck appeals his convictions for six misdemeanor counts of violating a court order. Eck argues he was denied effective assistance of counsel because his attorney conceded guilt as to these charges. Because defense counsel made a legitimate strategic choice that likely resulted in Eck's acquittal on more serious felony charges, we affirm. FACTS Andrew Eck and Demetria Murphy are married with two children. They lived together until September 2017, when...
UNPUBLISHED OPINION MANN , A.C.J. Michael Henderson appeals his conviction for second degree felony murder. After we reversed Henderson's conviction based on instructional error, the Supreme Court reversed and remanded for consideration of Henderson's remaining arguments. Henderson argues that the State committed prosecutorial misconduct during closing argument. Henderson also raises several contentions in his statement of additional grounds under RAP 10.10. We affirm. I. On review,...
UNPUBLISHED OPINION LAWRENCE-BERREY , C.J. John Corrigan appeals the trial court's CR 12(b)(6) order dismissing his amended complaint. Because the trial court considered matters outside the pleadings, we review the trial court's order as if it were a CR 56 order granting summary judgment. Applying that standard, we affirm. FACTS In April 2011, John Corrigan sped by Trooper Timothy Kron on Interstate 90. Trooper Kron activated his emergency lights and followed Corrigan for eight miles...
UNPUBLISHED OPINION PER CURIAM . Seely seeks discretionary review of the trial court's order denying her motion for partial summary judgment with regard to the characterization and ownership of two condominiums. Review is denied because Seely fails to establish any of the criteria for review under RAP 2.3(b). FACTS Dr. Dona Seely and Dr. Curtis Carlson married on February 14, 1982. Seely is an orthodontist, and Carlson was an orthodontist and a periodontist before his death. They...
UNPUBLISHED OPINION PER CURIAM . Seely seeks discretionary review of the trial court's order granting partial summary judgment in favor of the Estate regarding Seely's interest in a yacht. Review is denied because Seely fails to show probable error warranting review under RAP 2.3(b)(2). FACTS Dr. Dona Seely and Dr. Curtis Carlson married on February 14, 1982. The parties had two children together, and Carlson had one child from a prior marriage. Seely is an orthodontist, and Carlson was...
UNPUBLISHED OPINION APPELWICK , C.J. In this unlawful detainer action, the trial court issued a writ of restitution against Levine, who had leased the Property from the City. Levine vacated the Property around the same time. Nine months later, Levine filed an answer and the City filed a motion for voluntary nonsuit. The City electronically filed its motion, but failed to serve it on Levine. The trial court granted the City's motion and dismissed the case. Over eight months after that,...
PUBLISHED OPINION Leach , J. 1 This consolidated appeal involves a church property dispute and a severance agreement dispute. In Presbytery I , Jeff and Ellen Schulz, former copastors of the First Presbyterian Church of Seattle (FPCS), and six former trustees of FPCS's board of trustees (Board) (together appellants) appeal the trial court's declaratory judgment in favor of FPCS, the Presbytery of Seattle (Presbytery), which is authorized to act on behalf of the Presbyterian Church U.S....
UNPUBLISHED OPINION VERELLEN , J. A commercial landlord must fulfill its contractual duties of repair and maintenance in a reasonable manner. When a landlord fulfills its duties unreasonably and interferes with its tenant's use and enjoyment of its leasehold, then it can be liable for the tort of nuisance. If that unreasonable conduct also substantially deprives the tenant of the peaceable use and enjoyment of its leasehold, the landlord can be liable for breaching the covenant of quiet...
UNPUBLISHED OPINION SCHINDLER , J. Norman Macy Eyle appeals his conviction for domestic violence assault in the second degree of Amanda Oliver. Eyle claims three unrecorded conferences violated his right to an open and public trial, the trial court improperly admitted Oliver's statements to a medical provider under ER 803(a)(4), and the statements violated his Sixth Amendment right of confrontation. We affirm. FACTS Amanda Oliver called 911 the morning of January 21, 2016. Oliver told...
UNPUBLISHED OPINION ANDRUS , J. Donna Woodcock challenges the summary judgment dismissal of her claims against Catherine and Mike Conover, from whom she purchased a home, and her claims against Sherry Voelker-Hornsby, her real estate agent in the transaction. Catherine 1 cross-appeals the denial of her motion for attorney fees under the real estate purchase and sale agreement (REPSA). Sherry cross-appeals the denial of her motion for fees and costs under CR 11. We reverse and remand for...
UNPUBLISHED OPINION APPELWICK , C.J. On September 14, 2017, the trial court granted Burien Communities for Inclusion (BCI) a preliminary injunction, prohibiting Burien Initiative 1 (Measure 1) from being placed on the November 2017 ballot. Respect Washington appeals the preliminary injunction, arguing that (1) it violates the free speech rights of the city of Burien's (City) voters, (2) the trial court erred in altering the status quo, and (3) BCI failed to show substantial injury. It...
PART PUBLISHED OPINION Worswick , J. 1 The Growth Management Act (GMA), chapter 36.70A RCW, requires Clark County to periodically update its comprehensive land use and zoning plan. Clark County updated its plan in 2016 (2016 Plan Update), making several changes to the County's comprehensive plan. 2 The Friends of Clark County and Futurewise (FOCC), as well as Clark County Citizens United (CCCU), petitioned the Growth Management Hearings Board (Board) to review the 2016 Plan Update...
UNPUBLISHED OPINION PER CURIAM . Steven Pittman appeals the DNA fee imposed as part of his sentence for unlawful possession of methamphetamine and unlawful use of a building for drug purposes. He contends, and the State concedes, that the DNA fee must be stricken under RCW 43.43.7541 and State v. Ramirez , 191 Wn.2d 732, 426 P.3d 714 (2018) because he previously gave a DNA sample that is on file with the Washington State Patrol crime lab. We accept the concession of error and remand with...
PUBLISHED OPINION Mann , A.C.J. 1 After learning that Donald and Kathleen Miller systematically filled in and destroyed regulated wetlands on their property, the City of Sammamish (City) commenced a code enforcement action. Over the course of a year, the City issued a notice to comply, posted a stop work order on the property, and finally issued a notice and order to abate and imposed a penalty. The Millers appealed to the City's hearing examiner. The hearing examiner concluded that the...
UNPUBLISHED OPINION FEARING , J. Josue Lopez challenges the stopping of his white pickup, which stop led to the seizure of controlled substances inside the vehicle. He argues that reasonable articulable suspicion did not justify the stop. We disagree and affirm his conviction of possession with intent to deliver a controlled substance. FACTS This appeal's facts cover two controlled buys of controlled substances implicating appellant Josue Lopez. The first sale occurred on April 13, 2016....
UNPUBLISHED OPINION CRUSER , J. Dawn Lantz appeals the superior court's denial of her motion for reconsideration of an order granting Daryl Lantz an award for past due postsecondary support. Dawn 1 argues that the court abused its discretion because the child failed to comply with the RCW 26.19.090(4) conditions. We hold that the court did not err. Accordingly, we affirm. FACTS On April 17, 2015, the court entered an order of child support that provided for postsecondary support of...
PUBLISHED OPINION Hazelrigg-Hernandez , J. 1 The community caretaking exception permits law enforcement officers to invade an individual's privacy when the officers have a reasonable, objective belief that the person requires assistance. Officers searched the vehicle Matthew Harris occupied after discovering him and the driver sleeping inside. The officers knew there was an opioid crisis in the community, but had no other basis to conclude an emergency existed as to these two individuals....
UNPUBLISHED OPINION PER CURIAM . Marty Higgins appeals the sentence imposed following his conviction for residential burglary. He contends, and the State concedes, that the sentencing court exceeded its authority in prohibiting contact with Clifford Wilson for 20 years because the statutory maximum for his offense is 10 years. RCW 9A.52.025 (2); RCW 9A.20.021 (1) (b). We accept the State's concession and remand for amendment of the judgment and sentence. LEACH, SMITH and VERELLEN, JJ.,...
UNPUBLISHED OPINION PER CURIAM . Fabian Brown appeals his conviction for theft of a motor vehicle, arguing that the trial court failed to enter written findings and conclusions as required by CrR 3.5 and that we must remand for their entry. But the trial court belatedly entered the findings and conclusions, and Brown has not alleged any prejudice from their delayed entry despite the opportunity to do so in a reply brief. Accordingly, a remand is unnecessary. State v. Cannon , 130 Wn.2d...
UNPUBLISHED OPINION PER CURIAM . Kristopher Raybell challenges the sentence imposed pursuant to his guilty plea to felony violation of a court order, felony hit and run, and possession of cocaine. His court-appointed attorney has filed a motion to withdraw on the ground that there is no basis for a good faith argument on review. Pursuant to State v. Theobald , 78 Wn.2d 184 , 470 P.2d 188 (1970), and Anders v. California , 386 U.S. 738 , 87 S.Ct. 1396, 18 L. Ed. 2d 493 (1967), the...
