State v. Leatherman
State v. Leatherman
Opinion of the Court
— Kevin Leatherman was convicted of possession of a controlled substance while armed with a dagger, which is a per se deadly weapon. The trial court imposed a deadly weapon sentencing enhancement. Leatherman appeals, arguing that the deadly weapon statute is unconstitu
I
Kevin Leatherman was pulled over for failing to stop at two stop signs. Leatherman, thinking that there was an outstanding warrant for his arrest, told the police that he was his brother Shane Leatherman. Because Shane’s license was suspended, the police arrested Kevin Leather-man. Leatherman then gave his real name, whereupon he was arrested for failure to cooperate at a traffic stop. During a search incident to arrest, the police found cocaine and four weapons, two of which were characterized as “knives” and two as “daggers.” Leatherman made no attempt to use these weapons during the arrest.
The State charged Leatherman with possession of a controlled substance, cocaine, while armed with a deadly weapon, a dagger. Leatherman waived his right to a jury and agreed to a stipulated trial. At trial, the only disputed issue of fact was whether one of the instruments, Exhibit 2, was a “dagger” under Washington’s deadly weapons sentencing enhancement statute. Under that statute, any dagger is a per se deadly weapon, but a knife is a per se deadly weapon only if it has a blade longer than three inches.
II
A statute is presumed to be constitutional, and a party challenging its constitutionality bears the heavy burden of proving its unconstitutionality beyond a reasonable doubt.
Leatherman argues that the deadly weapons statute is unconstitutionally vague as applied to the facts of his case. Under the statute, a knife is deadly as a matter of law only if its blade is over three inches in length, but a dagger is per se deadly regardless of the length of its blade. These terms are undefined by the statute. Leatherman contends that because their ordinary meanings may be interchangeable, the statute fails to provide adequate notice of prohibited activity and could lead to arbitrary or discriminatory enforcement. The State contends that the plain and ordinary meaning of the terms “knife” and “dagger” provide adequate standards of specificity and therefore the statute does not invite an inordinate degree of discretion.
Under the Fourteenth Amendment’s Due Process
RCW 9.94A.125 defines a deadly weapon as “an implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death.” The statute defines “any dagger” or “any knife having a blade longer than three inches” as deadly weapons per se. A knife with
When a statute does not define a term, the court may ascertain the plain and ordinary meaning from the dictionary.
The dictionary definitions agree on one point: a “dagger” is used for stabbing and a “knife” is used for cutting. The instrument at issue in this case has a straight blade of moderate length (two and three-quarters inches) fixed to a hilt. It is pointed and sharp-edged on two sides and is
We thus hold that RCW 9.94A.125 is not unconstitutionally vague as applied to the facts of Leatherman’s case, as he has not carried his heavy burden of proof. Persons of ordinary intelligence would probably agree that Leather-man’s instrument was a dagger because it was primarily designed for stabbing. The distinction between a knife and a dagger is sufficient here to protect against arbitrary enforcement.
Affirmed.
Agid, A.C.J., and Appelwick, J., concur.
RCW 9.94A.125.
State v. Myles, 127 Wn.2d 807, 812, 903 P.2d 979 (1995); City of Seattle v. Eze, 111 Wn.2d 22, 26, 759 P.2d 366, 78 A.L.R.4th 1115 (1988).
Haley v. Medical Disciplinary Bd., 117 Wn.2d 720, 740, 818 P.2d 1062 (1991).
Eze, 111 Wn.2d at 27.
Leatherman has not referred to the Washington Constitution nor engaged in a Gunwall analysis. State v. Gunwall, 106 Wn.2d 54, 720 P.2d 808 (1986). Accordingly, his due process claim should be decided under federal constitutional law. City of Spokane v. Douglass, 115 Wn.2d 171, 176-77, 795 P.2d 693 (1990).
State v. Halstien, 122 Wn.2d 109, 117, 857 P.2d 270 (1993); Myles, 127 Wn.2d at 812.
Burien Bark Supply v. King County, 106 Wn.2d 868, 871, 725 P.2d 994 (1986).
Myles, 127 Wn.2d at 812; City of Tacoma v. Luvene, 118 Wn.2d 826, 846-47, 827 P.2d 1374 (1992).
Douglass, 115 Wn.2d at 181 (quoting State v. Maciolek, 101 Wn.2d 259, 267, 676 P.2d 996 (1984)).
American Dog Owners Ass’n v. City of Yakima, 113 Wn.2d 213, 215, 777 P.2d 1046 (1989).
City of Spokane v. Douglass, 115 Wn.2d at 182-83.
State v. Thompson, 88 Wn.2d 546, 548-49, 564 P.2d 323 (1977).
State v. Dana, 84 Wn. App. 166, 171, 926 P.2d 344 (1996), review denied, 133 Wn.2d 1021 (1997).
Clerk’s Papers 64.
Webster’s Third New International Dictionary 570 (1986).
Clerk’s Papers 60.
Clerk’s Papers 59.
Webster’s Third New International Dictionary 1249 (1986).
Clerk’s Papers 65.
Reference
- Full Case Name
- The State of Washington v. Kevin C. Leatherman
- Cited By
- 5 cases
- Status
- Published