State Of Washington v. D.j. N. ( 2013 )

FiLEO
COURT OF APPEALS DIV
STATE Or WASrllKGTCfi
2013 JUL-8 AH 9= 3U
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON,
No. 68957-6-I
Respondent,
v. UNPUBLISHED OPINION
D. N.,
DOB: 07/27/1996,
Appellant. FILED: JUL " 8 2013
Per Curam—Juvenile D.N. appeals his conviction for first degree unlawful
possession ofa firearm, arguing that the predicate offense ofattempted
residential burglary is not a "serious offense" as required by RCW 9.41.040(1)(a).
We affirm.
D.N.'s argument requires statutory interpretation, which is an issue oflaw
we review de novo. City of Seattle v. Burlington N. R.R. Co., 145 Wn.2d 661,
665, 41 P.3d 1169 (2002). To interpret a statute, we first look to the statute's
plain language. State v. Velasquez, 176 Wn.2d 333, 336, 292 P.3d 92 (2013). If
the plain language is unambiguous, our inquiry ends. Velasquez, 176 Wn.2d at
336.
No. 68957-6-1/2
Unlawful possession of a firearm in the first degree requires a previous
conviction for "any serious offense as defined in this chapter." RCW
9.41.040(1 )(a). The statutory definition of "serious offense" includes "any of the
following felonies or a felony attempt to commit any of the following felonies, as
now existing or hereafter amended: (a) Any crime of violence." (Emphasis
added.) RCW 9.41.010(16)(a). The same statute defines "crime of violence" as
[a]ny of the following felonies, as now existing or hereafter
amended: Any felony defined under any law as a class A felony or
an attempt to commit a class A felony, criminal solicitation of or
criminal conspiracy to commit a class A felony, manslaughter in the
first degree, manslaughter in the second degree, indecent liberties
if committed by forcible compulsion, kidnapping in the second
degree, arson in the second degree, assault in the second degree,
assault of a child in the second degree, extortion in the first degree,
burglary in the second degree, residential burglary, and robbery
in the second degree.
RCW9.41.010(3)(a).
D.N. argues that only attempts, solicitations and conspiracies to commit
class A felonies are included in the definition of "crime of violence." Because
residential burglary is a class Bfelony, he concludes attempted residential
burglary does not qualify as a "crime of violence" and cannot be a "serious
offense." But D.N. ignores the plain language of RCW 9.41.010(16)(a), which
defines "serious offense" as "felonies or a felony attempt to commit" any "crime
ofviolence." RCW 9.41.010(16)(a) (emphasis added). As established above,
residential burglary is a "crime of violence." Attempted residential burglary is also
a class Cfelony. RCW9A.28.020(3)(c), RCW 9A52.025(2). Therefore, the
specific incorporation of felony attempt to commit "crimes of violence" brings
attempted residential burglary under the umbrella of"serious offense." Because
2
No. 68957-6-1/3
attempted residential burglary is a "serious offense," it can serve as a predicate
for first degree unlawful possession of a firearm.
Affirmed.
For the court:
A-ue
^V