Wash. Court of Appeals published opinion — D2 51946-1-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 51946-1-II Published Opinion.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2051946-1-II%20Published%20Opinion.pdf ↗

Related Parts of This Source

1,725 chars

James’s attorney’s testimony did not violate Smith’s right to present a defense; (2) defense

counsel’s performance was not deficient for failing to request limiting instructions regarding

James’s prior statements and bad acts; and (3) as the State concedes, the criminal filing fee

imposed as a legal financial obligation (LFO) must be stricken from the judgment and sentence.

ADDITIONAL FACTS

James and Broussard also were charged in relation to these transactions, and their cases

were joined with Smith’s case for trial. Before trial, James entered a guilty plea. James’s

Statement of Plea of Guilty included a section for him to state in his own words what made him

guilty. That section stated that (1) James had knowingly used the social security numbers of

other people to obtain loans for vehicles he did not intend to buy, including the $14,840 loan

from Inspirus Credit Union; (2) Smith had opened the Wells Fargo accounts for A.J. Motors

15
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 51946-1-II

knowingly using the Indiana child’s social security number; (3) Smith knew that James deposited

the $14,840 check from Inspirus in the A.J. Motors account; (4) all three brothers made

withdrawals from the business accounts; and (5) James, Smith, and Broussard all were working

together and each knew what the other two were doing. James initialed next to the beginning of

this section and signed at the end of the guilty plea statement.

James’s Trial Testimony

At trial, the prosecutor asked James about his guilty plea statement.

Q. [Y]ou entered a guilty plea, right?

A. Of course.

Q. And in that guilty plea you said, during the period between April 12th –