 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Artis9/23/2003
James Broady Artis III appeals his convictions for second degree burglary and possession of a controlled substance. Mr. Artis contends his trial was beyond the speedy trial period, the deputy prosecutor made improper comments during closing, and there was insufficient evidence to support the burglary conviction. We disagree, and affirm.
FACTS
On September 20, 2001, Spokane Police Officer Steven McHugill responded to a burglary in progress call on East Hoffman Street. Officer McHugill was a block away and arrived at the given address within a minute. For a couple of minutes while waiting for backup to arrive, Officer McHugill could hear noises from inside the garage, as if someone was moving things around. Then, Officer McHugill identified himself and directed the person to come out of the garage. Soon, Mr. Artis came out, was cooperative, and said he was just trying to get out of the sun.
The police checked the garage and found four small baggies of methamphetamine on top of some furniture and a backpack. Inside the backpack were miscellaneous personal items, used syringes, including what Officer McHugill classified as burglary tools - a screwdriver, hammer, chisel, small crowbar, and putty knife. No evidence of a forced entry was found.
David Salfer is the victim. Mr. Salfer checked his garage and found a few boxes moved and a few items scattered. Mr. Salfer testified a putty knife found in Mr. Artis's bag looked familiar, but he could not say it was his. Otherwise, he found nothing missing. Mr. Salfer did not know Mr. Artis, and had not given him permission to enter.
Mr. Artis testified he left his girlfriend earlier that day with all of his personal items and work tools. On his way to a friend's house, Mr. Artis stopped at a store and bought some ice cream sandwiches. As he continued walking, Mr. Artis noticed a house that appeared vacant. He decided to go into the garage to get out of the heat, eat his ice cream, and get high. As he approached the garage, he could see a couch through the cracked side door. He walked inside, set his drugs out, and began eating his ice cream when the police arrived. Mr. Artis admitted entering the garage without permission, but indicated he did so only to get out of the heat and get high - not to take anything.
Mr. Artis acknowledged that the backpack, drugs, and tools were his. He testified he used the tools for sporadic construction jobs. Mr. Artis testified he was also carrying a small square, a plumb bob, cat claws, and a larger crowbar, along with clothes, deodorant, cards, and letters. The State charged Mr. Artis with second degree burglary and possession of a controlled substance. The latter is uncontested. He was arraigned on May 28, 2002, and trial was originally scheduled for July 15, with a 60-day speedy trial deadline of July 27. The week before Mr. Artis's scheduled trial, Robert Sargent, the deputy prosecutor assigned to the case, was diagnosed with a severe back injury. Mr. Sargent's surgery was scheduled as soon as possible, and in the meantime, he sought continuances on approximately 15 of his cases, including three belonging to Mr. Artis, including this one.
On July 12, an order was signed by the court continuing Mr. Artis's trial date from July 15 to August 12, and excluding 30 days from his speedy trial period. The form order indicated the continuance was granted pursuant to CrR 3.3(d)(8) and 3.3(h), and that the deputy prosecutor's unexpected surgery provided good cause for the continuance. In addition, the order stated defense counsel agreed with the continuance and would provide a waiver, but then reiterated that it is a good cause continuance. Mr. Artis was
Page 1 2 3 4 5 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|