State v. Wright
State v. Wright
Opinion of the Court
— The statutory construction issue in this case springs from well-plowed ground: the unlawful) firearm possession statute. We hold the 1994 version of the statute does contemplate that a juvenile adjudication will be a predicate offense, and affirm the appellant’s conviction.
Responding to reports of gunshots, police officers found the defendant, 19-year-old James Wright, walking down the street with a friend on June 28, 1995. Wright was holding a box of ammunition, and his friend had a .44 caliber handgun. Wright admitted to the officers that he bought the gun earlier in the day and had fired about four shots.
Wright moved to dismiss the charge for failure to state an offense. The trial court denied the motion. Wright then submitted to a trial on stipulated facts, and the court found him guilty. Wright appeals.
The 1994 statute under which Wright was charged provides:
(1) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm if the person owns, has in his or her possession, or has in his or her control any firearm:
(a) After having previously been convicted in this state or elsewhere of a serious offense . . . .1
"Serious offense” includes any "crime of violence”.1
The statute thus explicitly includes within its definition of "serious offense” the offenses Wright committed as a juvenile, second degree assault and second degree robbery. Wright argues, however, that he was not "convicted” of a "serious offense” within the meaning of the statute because his offenses were adjudicated in juvenile court.
The 1992 version of the statute referred to juvenile adjudications, but the 1994 statute deleted that reference. Accordingly, Wright contends the Legislature must have intended that a juvenile adjudication could not serve as the predicate offense necessary to establish the crime of unlawful possession of a firearm.
The statute, RCW 9.41.040, has existed in at least four different recent versions.
The Legislature amended the statute in 1992 to eliminate any distinction between conviction in adult court and adjudication in juvenile court: "A person is guilty ... if, having previously been convicted or, as a juvenile, adjudicated . . . .”
Then, in 1994, the Legislature again amended the statute, this time deleting the reference to juvenile adjudications that the Cheatham court relied on. Unlike the pre1992 version, however, it did include a specific reference to juveniles: "A person, whether an adult or juvenile, is guilty of the crime ... if the person . . . has in his or her possession, or has in his or her control any firearm: (a) After having previously been convicted ... of a serious offense”.
If juvenile adjudications do not constitute predicate offenses, then a juvenile could never violate the 1994 statute. Wright’s reading of the statute would thus render the "whether an adult or juvenile” clause completely superfluous, a result we ordinarily strive to avoid.
In support of his reading of the statute, Wright relies on
We disagree. After Cheatham was published, the Legislature again amended the firearm possession statute in 1996, restoring an explicit reference to juvenile adjudications: "a person has been 'convicted’, whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed . . . .”
The appellant in McKinley was situated similarly to Wright in every respect except that he was charged under the statute as amended in 1995 rather than under the 1994 version. The 1995 amendments, while substantive, did not alter the statute in any way material to the issues raised by Wright. Following McKinley, we hold that when the Legislature in 1996 restored the reference to juvenile adjudications, the amendment was curative and retroactive. It therefore provided sufficient basis to interpret the 1994 version of the statute as permitting a juvenile adjudication to serve as the predicate offense for a conviction of unlawful firearm possession.
Wright also contends the statute under which he was convicted is void for vagueness. Respectful of the Legislature’s constitutional lawmaking role in our government, courts approach a vagueness challenge with a strong presumption in favor of validity.
The statute under which Wright was convicted refers explicitly to juveniles, incorporates by reference the
Affirmed.
Cox and Ellington, JJ., concur.
Laws 1994, 1st Spec. Sess, ch. 7, § 402(l)(a) (codified at ROW 9.41.040(l)(a).
RCW 9.41.010(12)(a) (1994).
RCW 9.41.010(11)(a) (1994).
State v. Cheatham, 80 Wn. App. 269, 908 P.2d 381 (1996).
In re Frederick, 93 Wn.2d 28, 604 P.2d 953 (1980).
State v. S.M.H., 76 Wn. App. 550, 887 P.2d 903 (1995).
State v. Cheatham, 80 Wn. App. at 272.
See State v. Cheatham 80 Wn. App. at 277; State v. McKinley, 84 Wn. App. 677, 681-82, 929 P.2d 1145 (1997).
See RCW 9.41.040 (1989). Enacted by Laws of 1935, ch. 172, § 4; amended by Laws of 1961, ch. 124, § 3 and Laws of 1983, ch. 232, § 2.
28 Op. Atty. Gen. (1987).
See RCW 9.41.040(1) (1992) (emphasis added).
See State v. Cheatham, 80 Wn. App. at 273.
State v. Cheatham, 80 Wn. App. at 274.
Laws 1994, 1st Spec. Sess., ch. 7, § 402 (emphasis added).
In re Juveniles A, B, C, D, E, 121 Wn.2d 80, 90, 847 P.2d 455 (1993) (citing In re Frederick, 93 Wn.2d at 30).
State v. Cheatham, 80 Wn. App. at 275.
State v. S.M.H., 76 Wn. App. at 554 (quoting RCW 9A.44.130 and adding emphasis).
State v. S.M.H., 76 Wn. App. at 556-57.
State v. McKinley, 84 Wn. App. at 684 (quoting RCW 9.41.040 and adding emphasis).
State v. McKinley, 84 Wn. App. at 685-86.
State v. McKinley, 84 Wn. App. at 686
State v. Smith, 111 Wn.2d 1, 5, 759 P.2d 372 (1988).
State v. Smith, 111 Wn.2d at 10.
United States v. Lanier, 520 U.S. 259, 117 S. Ct. 1219, 1225, 137 L. Ed. 2d. 432 (1997); City of Seattle v. Montana, 129 Wn.2d 583, 596, 919 P.2d 1218 (1996).
Reference
- Full Case Name
- The State of Washington v. James E. Wright
- Cited By
- 3 cases
- Status
- Published