State v. McConville
State v. McConville
Opinion of the Court
James McConville appeals his conviction of one count of first degree theft. He argues that the State lacked sufficient evidence, independent of his confessions, to prove the corpus delicti of the crime charged. The trial court rejected this claim because the corpus delicti rule governs whether confessions are admissible and Mc-Conville had already stipulated to their admission. We hold that a defendant like McConville may raise a corpus delicti challenge in the trial court before both sides have rested, even if the court has already admitted his confessions. But we reject McConville’s challenge on the merits because sufficient prima facie evidence corroborated his confessions. We affirm the conviction.
FACTS
In September 1998, James McConville became the general manager of the Oakwood Homes Corporation’s Mount Vernon store. Oakwood Homes manufactures, sells, finances, and insures factory-built homes. In late 1999 or early 2000, after receiving complaints about the Mount Vernon store, an Oakwood Homes’ loss prevention specialist conducted an audit and discovered approximately $181,000 missing. McConville ultimately confessed to taking the money. In a three-page written statement, McConville explained that he had an agreement with a vendor called Normnde Enterprises in which Normnde
In February 2000, Oakwood Homes reported the theft to the Skagit County Sheriff’s Office. When interviewed by a Skagit County detective, McConville again admitted taking $181,000 and returning $100,000 to the company. In December 2000, the detective requested an arrest warrant for McConville. In April 2002, the Skagit County Prosecutor’s Office charged McConville with first degree theft.
In December 2002, McConville signed a declaration that contradicted his previous confessions. He stated that in late 1998 he met with Don Strick, his supervisor and district manager for Oakwood Homes. McConville’s best friend Greg Kontos was present at the meeting. Strick allegedly told McConville that he was having difficulty finding vendors because the financing procedures for site preparation took too long. He therefore asked McConville to create a slush fund of approximately $20,000, from which McConville could pay vendors without waiting for the lengthy process of obtaining financing from the corporate office. Strick also told McConville to use the slush fund to assist prospective customers in making down payments. McConville was to create the slush fund by artificially increasing contractor bids and sending the inflated invoices to the financing department, which would issue inflated checks to the contractor. The contractor, who would be informed of the arrangement, would then issue a check to McConville for the overage.
McConville allegedly did as Strick told him, but in 2000 the head accountant contacted McConville and expressed his concern about the finances. Strick also contacted McConville to tell him that they were in trouble. Strick asked McConville to take the blame so that Strick could
But in February 2003, Strick wrote a declaration stating that he never met with McConville outside the office, never met Greg Kontos, never encouraged McConville to set up a down payment assistance program, and Oakwood Homes never had difficulty finding vendors. Kontos had died in December 2001, leaving no one to corroborate McConville’s declaration.
McConville moved to dismiss the charge due to pre-accusatorial delay and violation of Criminal Rule (CrR) 8.3(b), arguing that the State’s delay in filing charges deprived him of the ability to obtain Kontos’ testimony. The trial court denied the motion. In February 2003, the parties stipulated to admission of the police report, which consisted of the detective’s report, McConville’s written confession, checks, purchase orders, and bills. McConville also waived his right to a jury trial. In April 2003, the court conducted a trial on stipulated facts. At the conclusion of the State’s case in chief, McConville moved to dismiss the charge based on the corpus delicti rule. The trial court denied the motion and convicted McConville.
DISCUSSION
I. Preaccusatorial Delay and CrR 8.3(b)
A delay between an alleged criminal act and the filing of charges may violate the defendant’s due process rights and require dismissal.
We review a trial court’s prejudice analysis for manifest abuse of discretion.
In this case, McConville argues that he suffered actual prejudice because his witness died before the State filed the charge. According to McConville, Kontos would have contradicted Strick’s declaration by testifying that Strick directed McConville to inflate invoices and use the excess money to create a slush fund for the business. But this testimony would have been irrelevant for two reasons. First, Kontos would have testified only that Strick in
Nor did the court err when it denied McConville’s motion to dismiss under CrR 8.3(b). CrR 8.3(b) allows a court to dismiss a criminal prosecution when arbitrary action or governmental misconduct prejudices the defendant’s rights in a way that materially affects his right to a fair trial. McConville argues that the State’s charging delay deprived him of Kontos’ testimony and thus of a fair trial. But to succeed with this claim, McConville must prove by a preponderance of the evidence that he suffered actual, rather than speculative, prejudice that affected his right to a fair trial.
II. The Corpus Delicti Rule and Confessions Admitted by Stipulation
McConville next argues that the trial court should have dismissed the charge against him based on the corpus delicti rule.
In this case, the parties stipulated to admission of the police reports, which included McConville’s written confession and the police report stating that McConville verbally confessed. McConville then raised his corpus delicti challenge after the State finished its case in chief. The State objected, arguing that the corpus delicti rule regulates the admission of confessions and was inapplicable here because McConville already stipulated to their admission. The trial court agreed.
Whether a defendant who stipulates to admission of his confession may later raise a corpus delicti challenge is an issue of first impression in Washington. The corpus delicti rule is a judicially created rule of evidence, not a constitutionally mandated sufficiency of the evidence requirement.
In State v. Ray, the Supreme Court permitted a challenge under the corpus delicti rule after a stipulation.
Because McConville was entitled to raise a corpus delicti challenge below, we must now determine whether the State presented sufficient evidence to corroborate his confessions. The State must present prima facie evidence, that is, “ ‘evidence of sufficient circumstances which would support a logical and reasonable inference’ of the facts sought to be proved.”
In this case, corroborating evidence must support a reasonable and logical inference that McConville wrongfully obtained or exerted unauthorized control over Oakwood Homes’ property in an amount over $1,500 with the intent to deprive Oakwood Homes.
The sole fact that McConville received checks totaling $181,000 supports the inference that he committed theft. “[T]he corpus delicti is not established when independent evidence supports reasonable and logical inferences of both criminal agency and noncriminal cause.”
We affirm.
Ellington, A.C.J., and Becker, J., concur.
Review denied at 153 Wn.2d 1025 (2005).
State v. Potter, 68 Wn. App. 134, 139-40, 842 P.2d 481 (1992) (citing United States v. Lovasco, 431 U.S. 783, 97 S. Ct. 2044, 52 L. Ed. 2d 752 (1977); State v. Chavez, 111 Wn.2d 548, 558, 761 P.2d 607 (1988); State v. Calderon, 102 Wn.2d 348, 353, 684 P.2d 1293 (1984); State v. Bernson, 40 Wn. App. 729, 733, 700 P.2d 758, review denied, 104 Wn.2d 1016 (1985)).
Id. at 140 (citing Chavez, 111 Wn.2d at 558; State v. Dixon, 114 Wn.2d 857,860, 792 P.2d 137 (1990); State v. Lidge, 111 Wn.2d 845, 848, 765 P.2d 1292 (1989)).
State v. Norby, 122 Wn.2d 258, 264, 858 P.2d 210 (1993).
State v. Michielli, 132 Wn.2d 229, 240, 937 P.2d 587 (1997) (citing State v. Warner, 125 Wn.2d 876, 882, 889 P.2d 479 (1995)).
State v. Blackwell, 120 Wn.2d 822, 830, 845 P.2d 1017 (1993) (citing State ex rel. Carroll v. Junker, 79 Wn.2d 12, 26, 482 P.2d 775 (1971)).
Potter, 68 Wn. App. at 140 (citing Lovasco, 431 U.S. at 789; United States v. Wallace, 848 F.2d 1464, 1469-70 (9th Cir. 1988); United States v. Moran, 759 F.2d 777, 780 (9th Cir. 1985), cert, denied, 474 U.S. 1102 (1986); Bernson, 40 Wn. App. at 734).
Norby, 122 Wn.2d at 264 (citing State v. Ansell, 36 Wn. App. 492, 498-99, 675 P.2d 614, review denied, 101 Wn.2d 1006 (1984)).
Potter, 68 Wn. App. at 141 (citing State v. Haga, 13 Wn. App. 630,634,536 P.2d 648, review denied, 86 Wn.2d 1007 (1975), cert, denied, 425 U.S. 959 (1976); Ansell, 36 Wn. App. at 497; Bernson, 40 Wn. App. at 734).
State v. Rohrich, 149 Wn.2d 647, 654, 71 P.3d 638 (2003) (citing Michielli, 132 Wn.2d at 239-40; State v. Starrish, 86 Wn.2d 200, 205, 544 P.2d 1 (1975)).
“ ‘Corpus delicti’ literally means “body of the crime.’ ” State v. Aten, 130 Wn.2d 640,655,927 P.2d 210 (1996) (quoting 1 McCormick on Evidence § 145, at 227 (John W. Strong ed., 4th ed. 1992)).
Id. at 655-56 (citing State v. Vangerpen, 125 Wn.2d 782, 796, 888 P.2d 1177 (1995); State v. Riley, 121 Wn.2d 22, 32, 846 P.2d 1365 (1993); City of Bremerton v. Corbett, 106 Wn.2d 569, 574-75, 723 P.2d 1135 (1986)).
Id. at 656-57 (citing Note, Proof of the Corpus Delicti Aliunde the Defendant’s Confession, 103 U. Pa. L. Rev. 638, 642-43 (1955); Corbett, 106 Wn.2d at 576).
Id. at 657 (citing Corbett, 106 Wn.2d at 576).
State v. C.D.W., 76 Wn. App. 761, 763, 887 P.2d 911 (1995).
Id.; Aten, 130 Wn.2d at 656; State v. Dyson, 91 Wn. App. 761, 763, 959 P.2d 1138 (1998). See also 12 Royce A. Ferguson, Jr., Washington Practice: Criminal Practice and Procedure § 3324, at 884 (3d ed. 2004) (“The admissibility of an extrajudicial confession is dependent upon its corroboration by other evidence.”).
130 Wn.2d 640, 654, 927 P.2d 210 (1996).
Id. at 662.
110 Wn. App. 670, 678, 41 P.3d 1240, review denied, 147 Wn.2d 1013 (2002).
Id. at 680 (citing Aten, 130 Wn.2d at 654).
130 Wn.2d 673, 926 P.2d 904 (1996).
Id. at 676.
Aten, 130 Wn.2d at 656-67. We nonetheless encourage defense counsel to raise their corpus delicti challenges in pretrial motions or before stipulating to facts. See, e.g., Manning v. United States, 215 F.2d 945, 952 (10th Cir. 1954) (“ ‘That the evidence of the “corpus delicti” should be put in before a confession is certainly good practice, and is occasionally said to be the rule; but the better view is that the trial judge may determine the order of this evidence, on the general principles otherwise prevailing.’ ”) (quoting 7 John Henry Wigmore on Evidence § 2073, at 404 (3d ed. 1940) (emphasis added). See also State v. Lung, 70 Wn.2d 365, 370-73, 423 P.2d 72 (1967) (the trial court admitted the defendant’s confessions on the express condition that they would be withdrawn and excluded later if the State failed to prove the corpus delicti. The Supreme Court stated that “[allthough the independent evidence should generally establish the corpus delicti prior to the admission of the confession into evidence, the trial court has discretion to admit the confession upon the stipulation that it be corroborated by independent proof at a later time.” Id. at 372.).
We also note that if the trial court rejects a corpus delicti challenge, an appellate court may consider any substantive evidence the defendant later introduces when determining the sufficiency of the evidence proving corpus delicti. State v. Liles-Heide, 94 Wn. App. 569, 572,970 P.2d 349 (1999). ‘‘Thus, when the defendant elects to introduce substantive evidence on her own behalf following the denial of a corpus delicti motion, the defendant waives her challenge to the sufficiency of the evidence as it stood at that point.” Id.
Aten, 130 Wn.2d at 656 (quoting Vangerpen, 125 Wn.2d at 796).
State v. Pineda, 99 Wn. App. 65, 77-78, 992 P.2d 525 (2000) (citing Hollis v. Garwall, Inc., 137 Wn.2d 683, 690, 974 P.2d 836 (1999); Young v. Key Pharms., Inc., 112 Wn.2d 216, 226, 770 P.2d 182 (1989)).
Aten, 130 Wn.2d at 657.
Id. at 658 (citing Corbett, 106 Wn.2d at 571; State v. Neslund, 50 Wn. App. 531, 544, 749 P.2d 725, review denied, 110 Wn.2d 1025 (1988)).
ROW 9A.56.020(l)(a), ,030(l)(a).
Aten, 130 Wn.2d at 660.
Reference
- Full Case Name
- The State of Washington v. James J. McConville
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