State of Washington v. Linda Kay Toscano (Dissent)

State: Washington

Court: Court of Appeals Division III

Docket No: 29474-9

Case Date: 02/07/2012

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
------

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.

                                            _______________________________ 

Brown, J.