State v. Bashaw

Summary

The Washington Supreme Court held that results from a mechanical distance-measuring device are inadmissible unless the State makes a prima facie showing that the particular device functioned properly and produced accurate results. The court also held that unanimity is not required for a jury finding that the State failed to prove a sentence-enhancing circumstance, and that the erroneous unanimity instruction was not harmless. The court reversed all three sentence enhancements and remanded for further proceedings.

Holdings

1. Under ER 901(a), results from a mechanical distance-measuring device are inadmissible unless the proponent makes a prima facie showing that the particular device was functioning properly and produced accurate results.
2. The improper admission of the rolling-wheel measurements was harmless as to the sentence enhancements for counts II and III but was not harmless as to count I.
3. Unanimity is required to find the presence of a special finding that increases the defendant's maximum sentence, but unanimity is not required to find that the State failed to prove the special finding beyond a reasonable doubt. A nonunanimous negative special finding is final.
4. The erroneous unanimity instruction was not harmless beyond a reasonable doubt, so all three sentence enhancements had to be reversed.

Questions Presented

1. Whether the trial court abused its discretion by admitting testimony about the results of a distance-measuring device without evidence that the particular device was reliable and accurate.
2. Whether the trial court correctly instructed the jury that its special finding concerning the sentence enhancements had to be unanimous.

Disposition

reversed_and_remanded