State of Washington v. Michael Wayne Helms ( 2020 )

FILED
OCTOBER 6, 2020
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON, )
) No. 36908-1-III
Respondent, )
)
v. )
)
MICHAEL WAYNE HELMS, ) UNPUBLISHED OPINION
)
Appellant. )
KORSMO, A.C.J. — Michael Helms appeals from convictions for second degree
possession of stolen property (PSP) and possession of methamphetamine, primarily
arguing that the evidence of value was improperly admitted on the PSP count. We agree
with that argument, accept the State’s concession on that point, and remand for entry of
judgment on the inferior degree offense of third degree possession of stolen property.
FACTS
The PSP charge arose from a package-theft “sting” operation. Amazon provided
“bait” packages of genuine merchandise that, according to the company, were valued at
$1,000 or more. Mr. Helms was arrested after stealing the bait.
At trial, a postal service inspector testified, over a hearsay objection, that Amazon
had informed him that the package value exceeded $1,000. The inspector used a
No. 36908-1-III
State v. Helms
spreadsheet he created himself that contained the items and pricing information provided
by Amazon to back the testimony. Although marked as an exhibit, the spreadsheet was
not offered into evidence. No other testimony concerning value was offered at trial. The
jury convicted Helms on the two noted charges. The court imposed concurrent 24 month
sentences.
Helms timely appealed to this court. A panel considered his appeal without
conducting argument.
ANALYSIS
Second degree possession of stolen property, as charged here, requires proof that
the value of the item(s) unlawfully possessed exceeded $750. RCW 9A.56.160(1)(a). As
the parties properly note, the sole evidence of value admitted at trial was the challenged
testimony of the postal inspector. The parties also properly agree that the testimony was
admitted in error. Since the testimony constituted the sole evidence of value, the error
was prejudicial.
When improperly admitted evidence prejudices a defendant, the remedy is to
reverse the conviction and remand for a new trial. E.g., State v. Scott, 151 Wash. App. 520,
530, 213 P.3d 71(2009). Here, however, the parties both ask that we remand for entry of
judgment on the inferior degree offense of third degree possession of stolen property. In
the interests of judicial economy (since the parties could reach the same result by entering
2
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State v. Helms
into a plea agreement on remand), we accept the request and remand for the trial court to
enter judgment on the charge of third degree possession of stolen property.
The conviction for second degree possession of stolen property is reversed and the
count is remanded for the trial court to enter judgment on a charge of third degree
possession of stolen property.1
Affirmed in part, reversed in part, and remanded.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to
RCW 2.06.040.
_________________________________
Korsmo, A.C.J.
WE CONCUR:
_________________________________
Fearing, J.
_________________________________
Siddoway, J.
1
This necessitates that he also be resentenced on his unchallenged conviction for
possession of methamphetamine.
3