Facts: Petitioner Gabrielle Nguyen was convicted of possession of cocaine and physical control of a vehicle while under the influence of alcohol or drugs in the Superior Court for King County after police encountered her sitting behind the wheel of an automobile parked partially in the lane of travel while under the influence of stimulants and alcohol and a subsequent search of the automobile revealed cocaine. Nguyen subsequently appealed her conviction for physical control of a vehicle while under the influence of alcohol or drugs, asserting that as she had been found not guilty of driving while under the influence of alcohol or drugs she could not be convicted of the uncharged offense of physical control of a vehicle while under the influence of alcohol or drugs insofar as it is not an included offense of driving while under the influence of alcohol or drugs. The Washington Court of Appeals affirmed Nguyen’s conviction. Nguyen appealed this decision to the Supreme Court of Washington.
Question(s): Is physical control of a vehicle while under the influence of alcohol or drugs an included offense of driving while under the influence of alcohol or drugs?
Conclusion: Justice Madsen’s opinion for a unanimous Court affirmed Nguyen’s conviction, concluding that although physical control of a vehicle while under the influence of alcohol or drugs is subject to the same penalties as driving while under the influence of alcohol or drugs, it is nonetheless an included offense of driving while under the influence of alcohol or drugs insofar as all of the elements of physical control of a vehicle while under the influence of alcohol or drugs are elements of driving while under the influence of alcohol or drugs and there is no requirement that an included offense have a lesser penalty than the charged offense.
Docket No. 80752-3 (from Court of Appeals Division I Case No. 58623-8)
Petitioner: Gabrielle Nguyen
(Counsel: Gabrielle Nguyen)
Respondent: State of Washington
(Counsel: Andrea Ruth Vitalich)
Briefs:
Argument: Tuesday, October 14, 2008 1:30pm
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Wednesday, December 31st, 2008
Prevailing Party: State of Washington (Respondent)
Vote: 9-0
Citation: Pending
Court: Alexander4 Court (2008-2009)
Alexander
Johnson
Madsen
(Majority)
Sanders
Chambers
Owens
Fairhurst
Johnson
Stephens
Opinion
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.