State of Washington v. Jesse Eugene Williams ( 2016 )

FILED
March 29, 2016
In the Office of the Clerk of Court
WA State Court of Appeals, Division Ill
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON, ) No. 33185-7-111
)
Respondent, )
)
v. ) UNPUBLISHED OPINION
)
JESSE EUGENE WILLIAMS, )
)
Appellant. )
PENNELL, J. - Jesse Eugene Williams appeals his jury trial conviction for
possession of a stolen motor vehicle. He contends that the State failed to present
sufficient evidence. We affirm.
FACTS
In August 2014, members of the Stevens County Sheriffs Office were
investigating a report of a stolen gold Jeep Cherokee. The investigation led to an
address on Haller Creek Road. There, officers observed an unoccupied gold Jeep
parked next to an outbuilding. Inside the Jeep, officers could see cell phones, a
backpack, and some tools.
No. 33185-7-III
State v. Williams
After the initial investigation, officers impounded and searched the Jeep.
Inside, they found paperwork for Joshua Williams (Mr. Williams's brother), two
paystubs in Mr. Williams's name, Mr. Williams's cell phone, and three documents
bearing the name of Mr. Williams's girlfriend. Mr. Williams's cell phone was
located in the center console of the Jeep and contained a message from a person
indicating she had left her backpack in the Jeep. Also inside the gold Jeep were
documents and cell phones belonging to other individuals.
In addition to the gold Jeep, officers also found a black Jeep Cherokee
inside one of the outbuildings on the property. The black Jeep belonged to Mr.
Williams' s girlfriend and had previously been totaled in an accident. Many of the
black Jeep's parts had been removed and installed in the gold Jeep, including VIN
(vehicle identification number) plates and license plates. In addition, a towing
receipt pertaining to the black Jeep was found inside the gold Jeep.
The State ultimately charged Mr. Williams with possession of a stolen
vehicle under RCW 9A.56.068(1). At trial, Staci Vollendorff, the caretaker of the
property where the two Jeeps had been found, testified that she was acquainted
with Mr. Williams, but had only spoken with him four or five times. She stated
she had seen him in one of the outbuildings on the property about one week before
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No. 33185-7-111
State v. Williams
his arrest. She believed he had been working on cars, but testified she never
actually witnessed him doing so. She also testified that she had seen the gold Jeep
on the property sometime during the week before the arrest.
The jury found Mr. Williams guilty.
ANALYSIS
Mr. Williams's sole argument on appeal is that the evidence was insufficient to
prove his constructive possession of the gold Jeep. Evidence is sufficient to support a
conviction if, viewed in the light most favorable to the trier of fact's decision, it permits
any rational trier of fact to find the essential elements of the crime beyond a reasonable
doubt. State v. Kintz, 169 Wash. 2d 537, 551, 238 P.3d 470 (2010). A claim of
insufficiency admits the truth of the State's evidence and all reasonable inferences that a
trier of fact can draw from the evidence. Id. (quoting State v. Salinas, 119 Wash. 2d 192,
201, 829 P.2d 1068 (1992)). Circumstantial evidence and direct evidence are equally
reliable. State v. Thomas, 150 Wash. 2d 821, 874, 83 P.3d 970 (2004), abrogated in part on
other grounds by Crawfordv. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d
177 (2004 ). We defer to the trier of fact on issues of conflicting testimony, credibility of
witnesses, and the persuasiveness ofthe evidence. Thomas, 150 Wash. 2d at 874-75.
This case involves constructive, as opposed to actual, possession. "Constructive
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State v. Williams
possession is established by examining the totality of the situation and determining if
there is substantial evidence" tending to establish circumstances "from which a jury can
reasonably infer the defendant had dominion and control over the item." State v. Jeffrey,
77 Wash. App. 222, 227, 889 P .2d 956 ( 1995). Dominion and control need not be exclusive
to establish constructive possession but close proximity alone is insufficient; other facts
must enable the trier of fact to infer dominion and control. State v. George, 146 Wn.
App. 906, 920, 193 P .3d 693 (2008).
The evidence presented by the State was sufficient to prove constructive
possession. Unlike State v. Summers, 45 Wash. App. 761, 728 P.2d 613 (1986), the State
here proved more than mere proximity to stolen property. Numerous items associated
with Mr. Williams were located inside the gold Jeep. In addition, the evidence revealed
that the gold Jeep was linked to the black Jeep, which belonged to Mr. Williams's
girlfriend. Specifically, it was apparent that someone was disassembling the remains of
the black Jeep in order to disguise the identity of the gold Jeep. Finally, Ms.
Vollendorffs testimony identified Mr. Williams as an individual performing work on
vehicles at the property.
Taking this evidence in the light most favorable to the State, a reasonable trier of
fact could reasonably infer that Mr. Williams had dominion and control over the stolen
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No. 33185-7-III
State v. Williams
gold Jeep. We hold that this evidence was sufficient to support Mr. Williams's
conviction for possession of a stolen vehicle.
Affirmed.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to
RCW 2.06.040.
WE CONCUR:
Lawrence-Berrey, J.
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