Opinion
No. 38454-0-II.
December 29, 2009.
Appeal from a judgment of the Superior Court for Clark County, No. 08-8-00542-4, Roger A. Bennett, J., entered October 1, 2008.
Affirmed by unpublished opinion per Hunt, J., concurred in by Van Deren, C.J., and Houghton, J.
K.C.R. appeals his juvenile adjudication of being a minor in possession of alcohol. He argues that the evidence was insufficient to prove that he was in the state of Washington at the time of the possession. We affirm.
A commissioner of this court considered the matter pursuant to RAP 18.14 and referred it to a panel of judges.
FACTS
On May 12, 2008, K.C.R. met with another juvenile, G.T., behind a Best Western Motel in Battle Ground, Washington, hoping to obtain marijuana from him. G.T. showed K.C.R. a bindle of marijuana, but K.C.R. declined to produce any money. Instead, K.C.R. offered to trade some beer for the marijuana.
G.T. refused the beer and tried to walk away. K.C.R. caught up with him and demanded that G.T. give him the marijuana. When G.T. refused, K.C.R. pulled a knife and threatened to stab him. G.T. threw the bindle of marijuana on the ground and began walking away again. K.C.R. pursued G.T. and held the knife to his throat, threatening to kill him if he did not turn over the rest of his drugs. When bystanders intervened, K.C.R. and G.T. ran from the scene in opposite directions.
Someone called 911. Battle Ground Police Officer Brian Archer responded a minute or two later. Driving around the neighborhood, he saw K.C.R. on a scooter; K.C.R. matched the description of the juvenile Archer had been given. When K.C.R. saw the police car, he dropped the scooter and ran behind some mobile homes. Archer followed and soon found K.C.R. crouched down behind some bushes along a fence. Archer radioed for assistance, and he and another officer arrested K.C.R.
During the arrest, Archer noticed the smell of alcohol on K.C.R.'s breath. Archer detected it again in the interview room at the police station. Archer also noticed that K.C.R.'s eyes were bloodshot and a little glazed over. When Archer asked K.C.R. if he had been drinking, K.C.R. replied that he had had two or three beers.
The State charged K.C.R. with second degree assault, being a minor in possession of alcohol, and attempted possession of a controlled substance. Finding the evidence to be "overwhelming," the juvenile court adjudicated him "guilty" of all three offenses. Clerk's Papers (CP) at 31, 32. K.C.R. appeals only the minor-in-possession adjudication.
ANALYSIS
It is undisputed that K.C.R. possessed and consumed alcohol on May 12, 2008. But he argues that because Battle Ground, Washington, is very near the Oregon border, the evidence was insufficient to prove he possessed alcohol in Washington. We disagree.
In a criminal case, evidence is sufficient to support a guilty verdict if, viewed in the light most favorable to the State, it permits any rational trier of fact to find each element of the crime beyond a reasonable doubt. State v. DeVries, 149 Wn.2d 842, 849, 72 P.3d 748 (2003). A claim of insufficiency admits the truth of the State's evidence. State v. Salinas, 119 Wn.2d 192, 201, 829 P.2d 1068 (1992). In our review, we draw all reasonable inferences from the evidence in favor of the State and interpret them most strongly against the defendant. State v. Partin, 88 Wn.2d 899, 906-07, 567 P.2d 1136 (1977). We give circumstantial evidence the same weight as direct evidence. State v. Liden, 138 Wn. App. 110, 117, 156 P.3d 259 (2007).
The State charged K.C.R. under RCW 66.44.270(2)(a), which makes it unlawful "for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor." RCW 9A.04.030(1) provides the State with criminal jurisdiction if a person "commits in the state any crime, in whole or in part." The State bears the burden of establishing jurisdiction beyond a reasonable doubt. State v. L.J.M., 129 Wn.2d 386, 392, 918 P.2d 898 (1996); State v. Daniels, 104 Wn. App. 271, 274, 16 P.3d 650 (2001). The proof may consist of circumstantial evidence. See State v. Vickers, 18 Wn. App. 111, 114-15, 567 P.2d 675 (1977).
Here, K.C.R. met with G.T. in Battle Ground and offered him beer in exchange for marijuana. K.C.R. had been with friends before contacting G.T. and they accompanied him, one riding a bicycle and another on a scooter. K.C.R. was on foot. He was 15 years old and could not have a driver's license, nor does the record show that he was being transported by car. The reasonable inference from this evidence is that K.C.R.'s activities on May 12 all took place in Battle Ground. This evidence was enough for a prima facie showing that jurisdiction existed. At that point, K.C.R. had to point to evidence that, if true, would be sufficient to defeat jurisdiction. State v. L.J.M., 129 Wn.2d at 394; State v. Daniels, 104 Wn. App. at 275. There was no such evidence. Thus, his jurisdiction challenge fails.
Affirmed.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
HOUGHTON, J., VAN DEREN, C.J. concur.