State of Washington v. William George Nicol

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON,
Respondent,
v.
WILLIAM GEORGE NICOL,
Appellant.
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No. 36864-5-III
UNPUBLISHED OPINION
PENNELL, C.J. — William Nicol challenges his conviction for bail jumping.
We affirm.
FACTS
In October 2016, Mr. Nicol went to trial on charges of child rape and child
molestation. He was out of custody on a $10,000 appearance bond. The bond required
Mr. Nicol to appear in court “‘as ordered and not depart therefrom without permission of
the Court.’” Clerk’s Papers at 4. Mr. Nicol complied with his bond requirements until the
jury notified the court it had reached a verdict at approximately 4:40 p.m. on October 21.
FILED
DECEMBER 15, 2020
In the Office of the Clerk of Court
WA State Court of Appeals, Division III

No. 36864-5-III
State v. Nicol
2
At that point, Mr. Nicol could not be located, despite the court having not yet gone into
recess for the day. The jury returned a guilty verdict, a warrant was issued, and Mr. Nicol
was charged with bail jumping.
Almost a year later, Mr. Nicol surrendered himself to a California county sheriff’s
office. Mr. Nicol was subsequently convicted of bail jumping under RCW 9A.76.170(1)
and sentenced to nine months in prison. He appeals.
ANALYSIS
Mr. Nicol asserts the State failed to present sufficient evidence to show he
knowingly failed to appear in court, as required by the bail jumping statute. Mr. Nicol
points out that, throughout his multi-day trial, the court recessed between 4:00 p.m. and
4:30 p.m. Given this circumstance, Mr. Nicol reasons there was no evidence to suggest he
should have been aware of an obligation to remain in the courthouse past 4:30 p.m.
Mr. Nicol’s argument flies in the face of the uncontested evidence. The appearance
bond instructed Mr. Nicol to remain in court until given permission to leave; it did
not state he only had to remain in court until 4:30 p.m. Mr. Nicol was never given
permission to leave on October 21. The State therefore provided abundant proof that
Mr. Nicol knowingly failed to appear, as required by RCW 9A.76.170.

No. 36864-5-III
State v. Nicol
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CONCLUSION
The judgment of conviction is affirmed.
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.
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Pennell, C.J.
WE CONCUR:
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Lawrence-Berrey, J.
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Korsmo, J.