Intimidating a public servant rcw
The enlarged group headed to a different party, but never arrived at it. Ballistics testing later identified the gun as the weapon that fired the casings found along the highway. The court subsequently imposed an exceptional sentence of 500 months on the assault count. Third, he argues the trial court erred by admitting evidence pertaining to his gang and his gang membership and, fourth, that two of the jury instructions relating to his gang membership deprived him of a fair trial. Boiko later told the victim that "he was going to shoot her horse if she did not lie about" the friend. In turn, RCW 9A.04.110(28) also defines "threat" in terms of "to communicate." Thus, under both subsections (a) and (b) of section 180, threat means "to communicate." The legislature has not defined the word "communicate." Where the legislature does not specifically define a statutory term, the court will read the word according to its plain and ordinary meaning. City of Seattle, 120 Wn.2d 203, 220, 840 P.2d 174 (1992). Thus, the State needed to present evidence that the Locos had other members. Montano's affidavit is sufficient for a jury to find beyond a reasonable doubt that Mr. "Although we defer to the magistrate's determination, the trial court's assessment of probable cause is a legal conclusion we review de novo." State v. In a nearby closet, police found a box of bullets that matched the brand of the two 9mm bullet casings that police found along the highway near the shooting. He defended on the basis that he was not present during the shooting and flight, but was at a party. Nieves guilty on all charges and found that five of them were committed with a deadly weapon. Second, he argues that the definition of "threat" used at his trial misstates the law. Just as in this case, the trial court in Boiko instructed on each of the alternative means for committing this crime. The three counts are reversed and remanded for a new trial with proper instructions. "Threat" means: "(a) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or (b) Threats as defined in RCW 9A.04.110." RCW 9A.76.180(3). In Toscano, this court agreed with Burke and held that the crime of intimidating a public servant encompasses nonverbal threats. This court once determined that the nonverbal act of setting a gun down next to a rape victim was sufficiently threatening to constitute "threatened . The Locos is not a gang unless it is a "group of three or more persons." RCW 9.94A.030(12). Nieves "pointed back towards the cop and fired about five more times." Viewing the evidence in a light most favorable to the State, Ms.This article is within the scope of Wiki Project United States, a collaborative effort to improve the coverage of topics relating to the United States of America on Wikipedia.If you would like to participate, please visit the project page, where you can join the ongoing discussions.
Equinox137 , 18 June 2007 (UTC)her trip was perceived by many as an unpatriotic display of aid and comfort to the enemy, with some characterizing it as treason; the Nixon Administration, however, dismissed calls for legal action against her.Select from among the bracketed phrases so as to use only those that apply to the particular case. A statement may constitute a threat even if it does not actually reach the victim. Hansen, 122 Wn.2d 712, 717–18, 862 P.2d 117 (1993)Use of the second bracketed phrase is proper in a prosecution under RCW 9.61.160, threatening to bomb or injure property. With regard to the bracketed clause relating to political argument, see the Comment below. Several statutes supplement RCW 9A.04.110 with an additional definition of threat: “to communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time.” See RCW 9A.76.180(3)(a) (intimidating a public servant); RCW 9A.72.160 (intimidating a judge); RCW 9A.72.130 (intimidating a juror); and RCW 9A.72.110 (intimidating a witness). To meet the second part of the test, the defendant must prove that, but for the deficient performance of counsel, there is a reasonable probability that the outcome of the trial would have differed. Criminal Law - Right to Counsel - Effective Assistance of Counsel - Review - Trial Record - Facts Outside of Record - Effect.An appellate court reviewing a claim of ineffective assistance of counsel at trial must base its decision on the trial record.