State of Washington v. Craig Steven Coleman ( 2016 )

FILED
OCTOBER 4, 2016
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON, ) No. 33415-5-111
)
Respondent, )
)
v. ) UNPUBLISHED OPINION
)
CRAIG STEVEN COLEMAN, )
)
Appellant. )
LAWRENCE-BERREY, A.CJ. - Craig Coleman appeals his convictions for first
degree identity theft and second degree theft. He argues the State presented insufficient
evidence to support both convictions. Mr. Coleman also submitted a statement of
additional grounds for review (SAG). In affirming, we determine that sufficient evidence
supports both convictions and reject Mr. Coleman's SAG arguments.
FACTS
The State charged Mr. Coleman with first degree identity theft and second degree
theft. The following facts were testified to at trial:
On September 2, 2014, Mr. Coleman entered the Baker Boyer Bank in Kennewick
to cash a check made payable to him in the amount of$3,470.18. The check was drawn
No. 33415-5-III
State v. Coleman
on the account of Columbia River Plumbing and the maker's signature appeared genuine
to the teller. Mr. Coleman endorsed the check and the teller gave Mr. Coleman $3,470.18
in cash. The teller soon after had doubts whether the check was genuine. She directed a
coworker to contact the owner of Columbia River Plumbing.
Desiree Lindstrom is the owner of Columbia River Plumbing. She testified that
she does the payroll for her small company, and that she knows all of her employees and
all of the subcontractors her company uses. She testified that Mr. Coleman was never an
employee nor a subcontractor for her company. She told the jury she had never met Mr.
Coleman, nor had she ever written a check on her company account for $3,470.18. She
explained she used the check number on the check to identify the true payee, which was
Hooper's Plumbing. She further explained that the bank credited her business's account
after its investigation.
On cross-examination, Ms. Lindstrom admitted that Hooper's Plumbing never
called her to report the check missing. On re-direct, she stated the check she wrote to
Hooper's Plumbing was never located. She also emphatically stated that Hooper's
Plumbing never used her company's check to pay anyone.
On re-cross, she stated she had discussions with Hooper's Plumbing about the
check-inferring that it was she who called that company about the check-but defense
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State v. Coleman
counsel told her she could not testify about those discussions.
The jury convicted Mr. Coleman on both counts. He appeals.
ANALYSIS
..
A. SUFFICIENCY OF EVIDENCE FOR BOTH CONVICTIONS
In a criminal case, the State must provide sufficient evidence to prove each
element of the charged offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S.
307,316, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979). When a defendant challenges the
sufficiency of the evidence, the proper inquiry is "whether, after viewing the evidence in
the light most favorable to the State, any rational trier of fact could have found guilt
beyond a reasonable doubt." State v. Salinas, 119 Wn.2d 192, 201, 829 P.2d 1068(1992). "[A]ll reasonable inferences from the evidence must be drawn in favor of the
State and interpreted most strongly against the defendant." Id. Furthermore, "[a] claim of
insufficiency admits the truth of the State's evidence and all inferences that reasonably
can be drawn therefrom." Id. In a challenge to the sufficiency of the evidence,
circumstantial evidence and direct evidence carry equal weight. State v. Goodman, 150
Wn.2d 774, 781, 83 P.3d 410 (2004).
A person commits first degree identity theft when that person knowingly obtains,
possesses, transfers, or uses a means of identification or financial information with the
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No. 33415-5-111
State v. Coleman
intent to commit or to aid and abet any crime, and obtains credit, money, goods, services,
or anything else of value in excess of $1,500. RCW 9.35.020(1)-(2). A person commits
second degree theft when that person wrongfully obtains or exerts unauthorized control
over someone else's property, and intends to deprive the other person of his or her
property. RCW 9A.56.020(l)(a); RCW 9A.56.040(l)(a). Here, Mr. Coleman challenges
the sufficiency of the evidence on the italicized intent elements of these two crimes.
Intent means acting "with the objective or purpose to accomplish a result which
constitutes a crime." RCW 9A.08.010(l)(a). "Intent is rarely provable by direct
evidence, but may be gathered, nevertheless, from all of the circumstances surrounding
the event." State v. Gallo, 20 Wn. App. 717,729,582 P.2d 558 (1978). Criminal intent
may be inferred "from conduct that plainly indicates such intent as a matter of logical
probability." State v. Abuan, 161 Wn. App. 135, 155, 257 P.3d 1 (2011).
The State presented the following evidence to support its case: (1) Mr. Coleman
was not an employee of Columbia River Plumbing or one of its subcontractors; (2) Ms.
Lindstrom, who oversees Columbia River Plumbing's payroll, never authorized a payroll
check for Mr. Coleman; (3) Mr. Coleman did not have permission to use Columbia River
Plumbing's checks; (4) the check number of the company check negotiated by Mr.
Coleman corresponded to a company check payable to Hooper's Plumbing, but for a
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State v. Coleman
lesser amount; (5) Hooper's Plumbing never received the check; and (6) Hooper's
Plumbing would not use one of Columbia River Plumbing's checks to pay anyone.
Viewing the evidence and all inferences in the light most favorable to the State, a rational
trier of fact could find there was only one plausible reason for Mr. Coleman to possess the
altered check: Mr. Coleman, himself, altered the payee and the amount of the check with
the intent of using the altered check to deprive the bank of its property. We conclude that
a rational trier of fact could find, beyond a reasonable doubt, the State proved the intent
element of both crimes.
B. STATEMENT OF ADDITIONAL GROUNDS
Mr. Coleman first argues the evidence is insufficient to support the convictions.
We addressed this argument above.
Mr. Coleman next asks this court for an order requiring the victim and witnesses in
this case to be interviewed before trial. He cites to Brady v. Maryland, 373· U.S. 83, 83 S.
Ct. 1194, 10 L. Ed. 2d 215 (1963) in support. In Brady, the Supreme Court held "that the
suppression by the prosecution of evidence favorable to an accused upon request violates
due process where the evidence is material either to guilt or to punishment, irrespective of
the good faith or bad faith of the prosecution." 373 U.S. at 87. Here, Mr. Coleman does
not assert that any evidence was withheld. He is merely asking for an order requiring the
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State v. Coleman
victim and witnesses in this case to be interviewed before trial. Brady does not support
his request for such an order.
Mr. Coleman next argues his Sixth Amendment right to confront witnesses was
violated. Specifically, he argues Hooper's Plumbing was the victim, and as the victim
was required to testify, and the failure of Hooper's Plumbing to testify as to nonpayment
creates reasonable doubt whether Hooper's Plumbing even exists. Under the Sixth
Amendment to the United States Constitution, a defendant has a right to confront his
accuser. This right has been interpreted as prohibiting hearsay evidence to the extent such
evidence is testimonial in nature. Crawfordv. Washington, 541 U.S. 36, 51, 124 S. Ct.
1354, 158 L. Ed. 2d 177 (2004). Testimonial hearsay refers to pretrial statements or
assertions by a nontestifying witness which, when made, could reasonably be anticipated
to be used for prosecutorial purposes. State v. Pearson, 180 Wn. App. 576, 582, 321 P.3d
1285, review denied,_ Wn.2d _, 337 P.3d 327 (2014). Mr. Coleman's argument does
not present a Crawford confrontation issue. First, the issue of who the victim is has
nothing to do with the confrontation clause. Second, the bank, not Hooper's Plumbing,
was the victim. The bank was out $3,470 as a result of the altered check. Third, Ms.
Lindstrom testified that she had discussions with Hooper's Plumbing about the missing
check, but defense counsel correctly told Ms. Lindstrom she could not testify about those
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No. 33415-5-III
State v. Coleman
discussions. Fourth, to the extent Ms. Lindstrom testified that Hooper's Plumbing did not
receive the check, that statement was not testimonial hearsay. Such a statement by
Hooper's Plumbing would be made for the purpose of having Ms. Lindstrom issue a
replacement check, not for prosecutorial purposes.
Mr. Coleman finally argues the State's decision not to call a witness from
Hooper's Plumbing violated his rights under article I, section 9 of the Washington
Constitution. That section states, "No person shall be compelled in any criminal case to
give evidence against himself, or be twice put in jeopardy for the same offense." CONST.
art. I, § 9. Section 9 concerns self-incrimination and double jeopardy protections. See
State v. Templeton, 148 Wn.2d 193, 207-08, 59 P.3d 632 (2002) (explaining how the self-
incrimination component of article I, section 9 is equivalent to the Fifth Amendment and
receives the same definition and interpretation); State v. Glasmann, 183 Wn.2d 117, 121,
349 P.3d 829 (2015) (explaining how the double jeopardy component of article I, section
9 is equivalent to the Fifth Amendment and is interpreted the same). The State's decision
not to call a witness from Hooper's Plumbing does not implicate Mr. Coleman's rights
under article I, section 9. Mr. Coleman was not compelled to testify nor has he been
placed in double jeopardy.
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No. 33415-5-111
State v. Coleman
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.
j
WE CONCUR:
J;'dbw~ft·
i
Siddoway, Pennell, J.
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