State Of Washington v. Demario Samuel Roberson ( 2018 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
No. 74539-5-1
Respondent,
DIVISION ONE
V.
UNPUBLISHED OPINION
DEMARIO SAMUEL ROBERSON,
Appellant. FILED: May 14, 2018
TRICKEY, J. — A jury convicted Demario Roberson of felony violation of a
court order and assault in the second degree. He argues that the court was
required to vacate the assault conviction to avoid a double jeopardy violation.
But there was no double jeopardy violation. The court properly entered judgment
on the lesser Included offense of misdemeanor violation of a court order because
assault in the second degree cannot elevate a violation of a court order to a
felony under ROW 26.50.110(4). Roberson also challenges the court's
admission of evidence of a prior assault against the same victim and alleges that
the trial court conducted three sidebar conferences in violation of his right to a
public trial. Finding no error, we affirm.
FACTS
Demario Roberson and Krystal Rodriguez met and became a couple in
2007, when Rodriguez was 17 years old. In early 2008, Rodriguez moved into
Roberson's family's home.
No. 74539-5-1/ 2
Some months later, in May 2008, Rodriguez and Roberson had an
argument that led to a domestic violence charge. They were visiting some
I
friends and Rodriguez wanted to leave. She waited in the car for Roberson but
I
then decided to take the bus and leave on her own. Roberson and Rodriguez
were arguing and Rodriguez was crying. When Rodriguez tried to walk away,
Roberson grabbed her hand. A man driving by in a truck observed the struggle,
stopped, and confronted Roberson. Another eyewitness persuaded Rodriguez to
get into her car and called 911. When he heard sirens approaching, Roberson
left. He pleaded guilty to assault. On May 14, 2008, the court entered a no-
contact order prohibiting contact between Roberson and Rodriguez in connection
with the charge.
The convictions at issue in this appeal stem from an incident that took
place on September 22,2008. On that day, Roberson took Rodriguez to enroll in
school. Roberson drove Rodriguez in his mother's car, which he often drove, a
lavender PT Cruiser. They were unable to complete the enrollment, however,
because they could not locate the address after spending more than an hour
driving around.
Eventually, Roberson pulled into a cul de sac in Skyway, south of Seattle,
where he used to live. There were two houses in the cul de sac. Monica Green
and her family lived in one of the houses. Teresa Mugamuga lived with her
family in the upper unit of the house next door. Roberson and his family
previously lived in one of the rental units and a family friend of Roberson's had
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No. 74539-5-1 / 3
also lived there until a few weeks earlier. Both Green and Mugamuga were
familiar with Roberson from when his family lived there.
Mugamuga was watching television facing the window when she heard a
car pull up quickly onto the gravel parking area. She recognized the PT cruiser.
Roberson was gesticulating and it appeared that he was arguing with his female
passenger. Mugamuga then saw Roberson punch the female in the face with a
closed fist. The passenger's head jerked back and she covered her face with her
hands. Roberson threw her a towel.
Green also noticed Roberson's car and went out to investigate after her
sons, who had been playing outside, came inside and told her that a woman in
the car was bleeding. Green went to Roberson's car and heard him yelling at
Rodriguez, telling her she was "okay" and to "clean herself up."1 Rodriguez was
crying and holding a towel over her bloody face. Green demanded to know what
had happened and accused Roberson of hitting Rodriguez. Roberson said that
"nothing" happened, "everything's fine," and "it's cool," and eventually told her to
mind her own business.2 Green directly asked Rodriguez what happened and
she did not answer.
The argument between Roberson and Green became heated. Green's
husband came outside and he and Green got Rodriguez out of the car.
Rodriguez was crying, shaking, and holding her face. Green told Rodriguez to
come inside the house and that she would help her. Rodriguez responded,"you
1 4 Report of Proceedings(RP)at 671.
24 RP at 672.
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No. 74539-5-I /4
don't understand," and explained, "I live with him, I have to go."3 Meanwhile,
Roberson ordered Rodriguez to get back in the car and threatened Green and
her husband that he would return with a gun. Rodriguez got back into the car,
Green called 911, and Roberson sped off.
King County sheriffs deputies responded and eventually determined that
Rodriguez might be at Roberson's home in Seattle. When deputies went to the
house, Roberson's mother told them that neither Roberson nor Rodriguez was
home. Concerned about Rodriguez's safety, the deputies entered the home over
Roberson's mother's objection. Inside, the deputies came upon a locked
bedroom door. Roberson's mother denied that Rodriguez was in the room and
said that she did not have a key. No one responded when the deputies knocked
on the bedroom door. They kicked down the door to find Rodriguez standing by
the bed holding a towel to her bruised and swollen face.
The deputies escorted Rodriguez from the house. They insisted that
medics examine her, but she refused to go to the hospital. Rodriguez told one of
the deputies that the injury occurred when Roberson slammed on the brakes
while driving and that she hit her face on the dashboard of the car. The deputy
took Rodriguez to her mother's house. Eventually a physician examined
Rodriguez and determined that she had a nasal fracture.
The State charged Roberson with felony violation of a court order, assault
in the second degree, kidnapping in the second degree, and felony harassment.
At the 2009 trial, Rodriguez was five months pregnant with Roberson's
child. Rodriguez testified and denied that Roberson hit her and said her injury
34 RP at 693.
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No. 74539-5-1 / 5
was caused by an accidental traffic-related incident. Her description of the
accident was different from the account she initially gave to the deputy. She said
she loved Roberson and wanted to marry him. In his testimony, Roberson also
said that Rodriguez hit her face on the dashboard when he had to slam on the
brakes to avoid hitting a car in front of him.
The jury convicted Roberson of felony violation of a court order and
assault in the second degree, but acquitted him of the kidnapping and
harassment charges. At sentencing, the State proposed that the court enter
judgment for a misdemeanor violation of a court order because the statute
defining the crime of felony violation of a court order, RCW 26.50.110(4),
precluded a felony conviction when the defendant was also convicted of second
degree assault. Defense counsel did not object.
In March 2009, the court entered judgment on a misdemeanor violation of
a court order and suspended the sentence. The court imposed a standard range
sentence on Roberson's conviction of assault in the second degree, and after
awarding credit for time served, ordered his immediate release.
Roberson appeals.4
ANALYSIS
I. Double Jeopardy
Roberson contends that his convictions of second degree assault and
felony violation of a no-contact order violated double jeopardy. Therefore, he
claims that instead of entering judgment on the misdemeanor offense, the
4 Roberson filed an untimely notice of appeal in January 2016. This court granted
Roberson's motion to enlarge the time to appeal under RAP 18.8(b).
5
No. 74539-5-1/6
sentencing court was required to vacate the lesser conviction, here, the assault
conviction. According to Roberson, the court correctly recognized the double
Jeopardy violation, but failed to properly remedy the error.
The double jeopardy clauses of the Fifth Amendment to the United States
Constitution and article I, section 9 of the Washington State Constitution,
guarantee that no person shall be subject to multiple prosecutions or
punishments for the same offense. State v. Baldwin, 150 Wash. 2d 448, 453-54, 78
P.3d 1005 (2003). But if the legislature authorizes cumulative punishments for
both offenses, double jeopardy is not offended. State v. Freeman, 153 Wash. 2d
765, 771, 108 P.3d 753 (2005). We review de novo whether the legislature
Intended to punish two crimes separately. Freeman, 153 Wash. 2d at 770.
In State v. Moreno, 132 Wn. App.663, 668-71, 132 P.3d 1137(2006), and
State v. Leming, 133 Wash. App. 875, 886-87, 138 P.3d 1095 (2006), this court
held that double jeopardy is not offended by convictions of both assault and
felony violation of a court order, even if the two convictions were based on the
same evidence, because the legislature intended to punish the crimes
separately. We derived the legislature's intent from the following:(1)the crime of
assault is located in the Washington Criminal Code, in chapter 9A.36 ROW,
whereas violation of a no-contact order is located in Title 26, Domestic Relations,
and codified in chapter 26.50 ROW, the Domestic Violence Protection Act; (2)
ROW 26.50.210 provides that actions under chapter 26.50 RCW are "in addition
to other civil or criminal remedies;" and (3) the statutes criminalizing assault and
violation of a domestic violence court order serve different purposes. Moreno,
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No. 74539-5-1/7
132 Wash. App. at 669-70; Leming, 133 Wash. App. at 886-87. Accordingly,
Roberson's convictions of assault and felony violation of a court order did not
violate double jeopardy.
Contrary to Roberson's argument, the record indicates that the court
entered judgment on the misdemeanor offense, not to avoid a double jeopardy
violation, but because the applicable statute defining felony violation of a court
order, RCW 26.50.110(4), precludes the use of second degree assault to elevate
a misdemeanor violation of a court order to a felony. See State v. Ward, 148
Wash. 2d 803, 810-12,64 P.3d 640(2003); State v. Azpitarte, 140 Wash. 2d 138, 142,
995 P.2d 31 (2000).
Under RCW 26.50.110(1)(a), a knowing violation of a protection or no-
contact order is a gross misdemeanor except as provided in subsections (4) and
(5). Applicable here, RCW 26.50.110(4) provides:
Any assault that is a violation of an order issued under this chapter
... and that does not amount to assault in the first or second
degree under RCW 9A.36.011 or 9A.36.021 is a class C felony,
and any conduct in violation of such an order that is reckless and
creates a substantial risk of death or serious physical injury to
another person is a class C felony.
Because Roberson's second degree assault of Rodriguez was the basis
for elevating his violation of a court order to a felony, the felony conviction
violated RCW 26.50.110(4). And given that the jury was instructed on, and
necessarily found the elements of, the misdemeanor violation, vacation of the
felony conviction and imposition of the lesser included misdemeanor offense was
the appropriate remedy. In re Pers. Restraint of Heidari, 174 Wash. 2d 288, 292,
274 P.3d 366 (2012)(remand for imposition of judgment on lesser offense is
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No. 74539-5-1/ 8
appropriate where jury was instructed on and found the elements of the lesser
offense).
II. ER 404(b) Evidence
Roberson next claims that the trial court abused its discretion by admitting
evidence of the May 2008 domestic violence incident. We review a court's
decision to admit or exclude such evidence for abuse of discretion. State v.
Magers 164 Wash. 2d 174, 181, 189 P.3d 126(2008). A court abuses its discretion
if its decision is manifestly unreasonable or based on untenable grounds.
Nam,164 Wn.2d at 181.
ER 404(b) bars the admission of evidence of prior bad acts for the
purpose of proving a person's character and showing that the person acted in
conformity with the character. State v. Gresham, 173 Wash. 2d 405, 420-21, 269
P.3d 207 (2012). But the same evidence may be admissible for another
purpose, depending on its relevance and the balancing of its probative value and
danger of unfair prejudice. Gresham, 173 Wash. 2d at 420-21.
Washington courts have admitted prior acts of domestic violence under
ER 404(b) for a number of purposes. For instance, such evidence has been
admitted (1) to assist the jury in assessing the credibility of a victim who recants
or makes inconsistent statements,(2) to show the reasonableness of a victim's
fear where fear Is an element of the charged offense, and (3) to explain the
victim's delay in reporting an offense. Magers, 164 Wash. 2d at 186 (acts of
domestic violence admissible to show victim's reasonable fear and to judge
credibility of a recanting victim). State v. Gunderson, 181 Wash. 2d 916, 925, 337
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No. 74539-5-1/ 9
P.3d 1090 (2014) (prior acts admissible when "the State has established their
overriding probative value, such as to explain a witness's otherwise inexplicable
recantation or conflicting account of events"); State v. Baker, 162 Wash. App. 468,
474-75, 259 P.3d 270(2011)(prior acts of domestic violence admissible to assist
jury in assessing credibility of victim who delays reporting or changes her story).
Roberson claims that the prior incident of domestic violence was not
probative of Rodriguez's credibility because she did not recant and the only
statement she made to the deputy was consistent with her trial testimony.
Roberson argues that as in Gunderson, the evidence of past violence was not
admissible because there was no conflict between Rodriguez's testimony and
her prior statements, and to the extent that her testimony conflicted with the
testimony of others, including Mugamuga and Green, the evidence of prior
domestic violence did not help to explain those conflicts.
In Gunderson, the State brought a domestic violence charge against
Daniel Gunderson. 181 Wash. 2d at 919. At trial, one of the alleged victims
testified that no such incident took place. Gunderson, 181 Wash. 2d at 920. There
was no evidence that the victim sustained any physical injuries and before trial,
she was not asked to provide any statement to the police or prosecutor's office.
Gunderson, 181 Wash. 2d at 920. The State sought to introduce evidence of
Gunderson's prior acts of domestic violence against the victim in order to
impeach her testimony. Gunderson, 181 Wash. 2d at 921. The trial court
concluded that the evidence was relevant to the victim's credibility and admitted
it. Gunderson, 181 Wash. 2d at 921. Our Supreme Court reversed, holding that
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No. 74539-5-1/ 10
evidence of prior bad acts is not admissible to impeach a victim's credibility when
"there is no evidence of injuries to the alleged victim" and she "neither recants
nor contradicts prior statements." Gunderson, 181 Wash. 2d at 925. Nor was the
evidence of past domestic violence admissible to explain a conflict between the
victim's account and "evidence from a different source." Gunderson, 181 Wash. 2d
at 924.
But, here, there was evidence of physical injuries and trauma. And
although Rodriguez was not a recanting witness, her trial testimony that she was
Involved in a minor car accident was at odds with her statements and conduct at
the time of the incident. Gunderson, 181 Wash. 2d at 924 n.2, 925; State v. Grant,
83 Wash. App. 98, 106-07, 920 P.2d 609 (1996) (prior assaults admissible to
explain victim's "statements and conduct" which might otherwise appear
inconsistent with her testimony about the charged assault). When Green
demanded to know what had happened Immediately following the assault and
accused Roberson of hurting Rodriguez, Rodriguez said nothing. Rodriguez did
not object or explain when Green became increasingly agitated and, together
with her husband, tried to separate her from Roberson. When Green offered her
protection and assistance, Rodriguez responded, "you don't understand," "I live
with him, I have to go."5 Shortly after, when the deputy brought Rodriguez to her
mother's home and her mother saw her injuries and asked if Roberson "did that
to her," Rodriguez told her "nothing happened," and did not mention a traffic
accident.6
54 RP at 693.
e 3 RP at 423.
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No. 74539-5-1/ 11
Rodriguez's trial testimony also differed from her statements to the deputy
about the alleged accident in several significant respects. In particular,
Rodriguez told the deputy that before the accident occurred, Roberson's sister
had punched him and he was angry. She also said that Roberson was driving in
reverse, pulling out of his sister's driveway, when he slammed on the brakes.
She said she was wearing a seatbelt at the time. However, at trial, Rodriguez
denied that Roberson had a fight with his sister or that the accident happened
while reversing out of Roberson's sister's driveway. Rodriguez said that
Roberson was travelling too fast up a hill and had to slam on the brakes to avoid
hitting the car in front of them. Rodriguez said she was not wearing a seatbelt.
Rodriguez's trial testimony was in conflict with her prior statements and
conduct and not simply inconsistent with the testimony of other witnesses. The
prior incident of domestic violence was admissible to assist the jury to evaluate
her credibility and explain the inconsistencies.
In addition, as the State points out, the evidence of the prior assault was
also relevant to prove an essential element of the charged crime of kidnapping.
To prove that Roberson was guilty of kidnapping, the State had to establish that
he restricted Rodriguez's movements without her consent through the use of
force or intimidation. See RCW 9A.40.030 (defining "kidnapping in the second
degree"); RCW 9A.40.010(1)(defining '"[a]bduct'"); RCW 9A.40.010(6) (defining
"'[r]estrain'"). As in State v. Ashley 186 Wash. 2d 32, 42-43, 375 P.3d 673 (2016),
where the defendant was charged with unlawful imprisonment which also
requires proof of restraint, the evidence of past violence was probative of
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No. 74539-5-1 / 12
whether Rodriguez was restrained without her consent by intimidation at
Roberson's house where it appeared that she was physically capable of opening
the bedroom door from the inside. While this was not the basis for the trial
court's admission of the evidence, we may affirm the court's decision as to the
admissibility of evidence on any basis supported by the record. State v. Norlin,
134 Wash. 2d 570, 582, 951 P.2d 1131 (1998). In sum,the trial court did not abuse
its discretion in admitting evidence about the prior domestic violence incident.
III. Public Trial
Roberson alleges a public trial violation based on three sidebar
conferences that took place during trial.
During the January 2009 pretrial proceedings, the trial court apprised the
parties of its practice for handling sidebar conferences during a jury trial:
Again, you may recall we use sidebar conferences as needed. If
any questions come up during jury selection or during the trial itself,
we'll simply have a sidebar if you request it. And, again, keep in
mind that if you want to put any sidebar on the record, you'll need
to make that request. I'll give you the chance to do that at the next
available recess, but I do not automatically put all sidebars on the
record simply because most of them are simply procedural issues
that don't need to be put on the record.m
During jury selection, the court explained to the jurors that if matters arose during
trial that required discussion outside of their presence, the court would conduct a
sidebar conference, meaning that the judge and the attorneys "go back behind
this door, close the door, briefly discuss what needs to be discussed, and we'll
come back out."8
1 RP at 25.
8 1 RP at 36.
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No. 74539-5-1/ 13
Three conferences took place in this manner during the trial. The first
occurred during a deputy's testimony about the bloody towel that Rodriguez held
in the car that he later collected as evidence. After it became clear that the State
Intended to offer the towel as an exhibit, the court requested a sidebar. The
sidebar lasted less than a minute. Approximately 30 minutes later, after the jury
was excused and before the court adjourned for the day, the court memorialized
the sidebar. The court stated that in response to the court's concern about the
towel presenting risk to the jury as a biohazard, the State agreed to withdraw the
exhibit and rely instead on photographic evidence.
The second sidebar occurred at the request of defense counsel during
Rodriguez's testimony about the May 2008 incident It is not clear from the
record how long the sidebar lasted, but 20 minutes later, at the next court recess,
defense counsel put the substance of the sidebar discussion on the record.
Counsel stated that he objected to the Rodriguez's testimony about the details of
the prior incident. The court ruled that the details of the incident were relevant
and admissible within the scope of the court's earlier pretrial ruling.
The final sidebar took place during the testimony of a defense investigator.
Defense counsel sought to admit evidence of photographs the investigator took
of the bedroom door in Roberson's house sometime after the incident. The court
sustained the State's objection to the photographs due to a lack of foundation.
After defense counsel asked another question in an attempt to lay a foundation,
the court requested a sidebar. After a sidebar that lasted less than a minute,
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No. 74539-5-1/14
defense counsel turned to a different topic. This final sidebar was not
memorialized on the record.
Criminal defendants have a right to a public trial under both the United
States Constitution and the Washington State Constitution. State v. Lormor, 172
Wash. 2d 85, 90-91, 257 P.3d 624 (2011); U.S. CoNs-r. amend. VI; WASH. CONST.
art. I, § 22. Whether a defendant's public trial right has been violated is a
question of law reviewed de novo. State v. Wise, 176 Wash. 2d 1, 9, 288 P.3d 1113
(2012).
To answer that question, the court engages in a three-part inquiry: "(1)
Does the proceeding at issue implicate the public trial right? (2) If so, was the
proceeding closed? And (3) if so, was the closure justified?" State v. Smith, 181
Wash. 2d 508, 521, 334 P.3d 1049 (2014). If the court concludes that the right to a
public trial does not apply to the proceeding at issue, it need not reach the
second and third steps in the analysis. Smith, 181 Wash. 2d at 521.
"[Mot every interaction between the court, counsel, and defendants will
implicate the right to a public trial or constitute a closure if closed to the public."
State v. Sublett, 176 Wash. 2d 58, 71, 292 P.3d 715 (2012). To determine whether
the public trial right attaches, we apply the "experience and logic" test. Sublett
176 Wash. 2d at 73. Under the experience prong, we consider whether the
proceeding at issue has historically been open to the public. Sublet 176 Wash. 2d
at 73. Under the logic prong, we ask "'whether public access plays a significant
positive role in the functioning of the particular process in question.'" Sublett, 176
Wn.2d at 73(quoting Press-Enterprise Co. v. Superior Court, 478 U.S. 1, 8, 106
14
No. 74539-5-1/15
S. Ct. 2735, 92 L. Ed. 2d 1 (1986)). If both prongs are satisfied, the public trial
right attaches. Sublet 176 Wash. 2d at 73.
In Smith a case decided more than five years after the trial occurred in
this case, the defendant argued that multiple sidebar discussions following
evidentiary objections during trial violated his right to a public trial. Our Supreme
Court held, based on the experience and logic test, that "reasonable and
traditional sidebars used to avoid interruption of a trial do not implicate the public
trial right." Smith, 181 Wash. 2d at 521. As to the experience prong, the court
noted that sidebar conferences have historically occurred outside the view of the
public, because of the practical difficulties involved with interrupting trial to send
the jury to the jury room every time an evidentiary objection arose. Smith, 181
Wash. 2d at 515. As to the logic prong, the court concluded that evidentiary rulings
during traditional sidebars "do not invoke any of the concerns the public trial right
Is meant to address regarding perjury, transparency, or the appearance of
fairness." Smith, 181 Wash. 2d at 518. In a footnote, the court emphasized:
We caution that merely characterizing something as a "sidebar"
does not make it so. To avoid implicating the public trial right,
sidebars must be limited in content to their traditional subject areas,
should be done only to avoid disrupting the flow of trial, and must
either be on the record or be promptly memorialized in the record.
Smith 181 Wash. 2d at 516 n.10. The court also observed, "Critically, the sidebars
here were contemporaneously memorialized and recorded, thus negating any
concern about secrecy." Smith, 181 Wash. 2d at 518.
Acknowledging that traditional sidebar conferences do not implicate public
trial rights under Smith Roberson contends that the conferences that took place
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No. 74539-5-1 / 16
during his trial do not fall within the definition of traditional sidebars. He points
out that the record does not indicate why the sidebar conferences took place
outside the courtroom, and not at the bench. He also points out that the sidebars
were not recorded or contemporaneously memorialized.
Roberson claims that the conferences here are analogous to the in-
chambers conference that took place in State v. Whitlock, 195 Wash. App. 745, 381
P.3d 1250(2016).0 In Whitlock, a bench trial, one of the defendants attempted to
cross-examine a State witness about whether she had previously acted as a
confidential informant. The State objected and requested a side bar. The court
then called counsel into chambers to discuss the objection, outside of the
presence of the defendants and without a court reporter. The conference lasted
for 10 minutes. At the end of the testimony later that morning, the court and
counsel described the content of the in-chambers discussion on the record. Our
Supreme Court held that the conference was not a proper sidebar and violated
the right of the defendants to a public and open trial. State v. Whitlock, 188
Wash. 2d 511, 522-23, 396 P.3d 310(2017).
But Whitlock was not a jury trial, so there was "no expediency justification
for holding an evidentiary conference outside the courtroom," and "no reason for
any delay in memorialization at all." 195 Wash. App. at 753: Whitlock, 188 Wash. 2d
at 523. This distinction is critical. Here, the context clearly indicates that the trial
court used sidebars in order to avoid disrupting the flow of the jury trial. Although
there is no information in the record about the layout of the courtroom to explain
9 Roberson relies on the decision of Division Two of this court in Whitlock. After
Roberson filed his brief in this matter, the Supreme Court Issued a decision affirming the
Court of Appeals decision. State v. Whitlock 188 Wash. 2d 511, 396 P.3d 310(2017).
16
No. 74539-5-1/17
why the court did not hold sidebars at the bench, given the brevity and context of
the conferences, we cannot see how this alters the analysis.
A key reason why the in-chambers conference in Whitlock was not a
sidebar was because the court concluded that the conference did not involve a
traditional subject area of sidebars, such as "legal challenges and evidentiary
rulings," but instead concerned a "factual" issue that was "easily accessible to the
public? Whitlock, 188 Wash. 2d at 522-23. Here, on the other hand, the first
sidebar involved court procedure with regard to evidence presenting potential
biohazard risk. The second involved an objection to testimony and the scope of
the trial court's prior pretrial ruling, a ruling the court previously made in open
court. And while the final sidebar was not memorialized, it is apparent from the
record that the purpose was to address the State's evidentiary objection.
Parties to an unrecorded sidebar are obligated to ensure that a record of
the ruling is made for appeal purposes and failure to make a record may
preclude review. State v. Koloske, 100 Wash. 2d 889, 896, 676 P.2d 456 (1984),
overruled on other grounds by State v. Brown, 111 Wash. 2d 124, 761 P.2d 588
(1988). But the final sidebar only lasted approximately 45 seconds, including the
time it took for the court and counsel to exit and reenter the courtroom. Given
the brevity, context, and apparent purpose, the record raises no concerns that
the sidebars jeopardized the fairness of the trial or the appearance of fairness
essential to public confidence in the system. The conferences were sidebars as
defined by Smith and did not violate Roberson's right to a public trial.
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No. 74539-5-1/ 18
Affirmed.
....••••",
err;cik,ei)
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WE CONCUR:
c:t3 rA_I rrkergi Beck-e- e
18