State of Washington v. Linda Kay Toscano (Dissent)
Case Date: 02/07/2012
Court: Court of Appeals Division III
Docket No: 29474-9
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Court of Appeals Division III
State of Washington
Opinion Information Sheet
| Docket Number: |
29474-9 |
| Title of Case: |
State of Washington v. Linda Kay Toscano |
| File Date: |
02/07/2012 |
SOURCE OF APPEAL
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| Appeal from Grant Superior Court |
| Docket No: | 09-1-00181-5 |
| Judgment or order under review |
| Date filed: | 10/26/2010 |
| Judge signing: | Honorable Evan E Sperline |
JUDGES
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| Authored by | Dennis J. Sweeney |
| Concurring: | Laurel H. Siddoway |
| Dissenting: | Stephen M. Brown |
COUNSEL OF RECORD
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Counsel for Appellant(s) |
| | Susan Marie Gasch |
| | Gasch Law Office |
| | Po Box 30339 |
| | Spokane, WA, 99223-3005 |
Counsel for Respondent(s) |
| | Carole Louise Highland |
| | Attorney at Law |
| | Grant Cnty Pros Atny Offc |
| | Po Box 37 |
| | Ephrata, WA, 98823-0037 |
No. 29474-9-III
Brown, J. (dissenting) -- I concur with the majority except for its holding
that the facts do not support the conviction of intimidating a public servant. I
believe the State produced sufficient factual evidence to permit the jury to decide
whether Linda Kay Toscano's conduct constituted intent to influence Deputy
Tyson Voss' official action by threat. Ms. Toscano twice threateningly drove at
Deputy Voss to get him to quit pursuing her nephew. While Ms. Toscano's
conduct was non-verbal, her actions, when viewed most favorably for the State,
can reasonably be found threatening. Thus, I believe the question was properly
left for the jury to decide. In sum, the trial court did not err in allowing the jury to
decide whether Ms. Toscano's non-verbal conduct was intended as threatening
communication to Deputy Voss.
Accordingly, I respectfully dissent to reversing Ms. Toscano's intimidation
conviction.
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Brown, J.
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