Facts: Petitioner Daniel Aguirre was convicted of assault and rape in the Superior Court for Thurston County and sentenced. Aguirre subsequently appealed his conviction and sentence, asserting that the trial court had erred in admitting the testimony of the police officer who interviewed the victim, in excluding testimony offered by his brother that would have impeached the victim’s credibility, in limiting cross-examination of the victim regarding a relationship with another man, in instructing the jury with regard to the meaning of the term “unlawful force,” in denying his request to delay sentencing after he appointed a new attorney to represent him, and in enhancing his sentence on the basis of his use of a deadly weapon. The Washington Court of Appeals affirmed Aguirre’s conviction and sentence, ruling that no error had been committed at trial and that the trial court’s decision to proceed with sentencing following the change in attorneys and to enhance Aguirre’s sentence had been proper. Aguirre appealed this decision to the Supreme Court of Washington.

Question(s): Did the testimony of the police officer who interviewed the victim constitute improper vouching for the victim’s credibility?

Was the testimony offered by Aguirre’s brother relevant?

Were the limitations imposed upon cross-examination of the victim regarding her relationship with another man consistent with Washington’s rape shield statute (Washington Revised Code §9A.44.020(2))?

Was the jury properly instructed with regard to the definition of the term “unlawful force?”

Was the trial court’s rejection of Aguirre’s motion to delay sentencing following his appointment of a new attorney a proper exercise of its discretion?

Did the addition of a deadly weapon enhancement to Aguirre’s sentence violate the constitutional prohibition against double jeopardy?

Conclusion: Justice James M. Johnson’s opinion for a unanimous Court affirmed Aguirre’s conviction and sentence, holding that as the testimony of the interviewing officer had been limited to describing the victim’s demeanor and comparing it to that of other victims of domestic violence that she had previously interviewed and did not offer any opinion as to the victim’s credibility, it was admissible. The Court also ruled that the testimony offered by Aguirre’s brother had been properly excluded as it related to a collateral issue. With regard to the applicability of Washington’s rape shield statute to the limitations imposed by the trial court upon cross-examination of the victim with regard to her relationship with another man, the Court held that the trial court had properly ruled such evidence inadmissible. The trial court also, in the view of the Court, correctly instructed the jury as to the definition of the term “unlawful force” as the trial court had instructed the jury that Aguirre’s subjective intent was relevant to determining whether an assault had been committed. Finally, the Court ruled that the trial court’s denial of Aguirre’s motion to delay sentencing following his appointment of a new attorney had been proper as Aguirre and his previous attorney had already spent two months preparing for sentencing and the victim had a constitutional right under Article I §35 of the Washington State Constitution to be present at Aguirre’s sentencing. The Court also dismissed Aguirre’s appeal of the addition of a deadly weapon enhancement to his sentence, concluding that although being armed with a deadly weapon was also an element of the underlying crime, this did not constitute double jeopardy.

Docket No. 82226-3 (from Court of Appeals Division II Case No. 36186-8)

Petitioner: Daniel Aguirre

(Counsel: Sheryl Gordon McCloud)

Respondent: State of Washington

(Counsel: Carol L. LaVerne and George Oscar Darkenwald)

Briefs:

Argument: Thursday, October 29, 2009 2:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, March 4th, 2010

Prevailing Party: State of Washington (Respondent)

Vote: 9-0

Citation: Pending

Court: Madsen1 Court (2010-)

Alexander

Johnson

Madsen

Sanders

Chambers

Owens

Fairhurst

Johnson
(Majority)

Stephens