State of Washington v. Sean Michael Wright

FILED
MAY 21, 2015
I n the Office of the Clerk of Court
W A State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON, 	)
Respondent,
)
) No. 32621-7-111
v. 	)
SEAN MICHAEL WRIGHT,
)
) UNPUBLISHED OPINION
)
Appellant. 	)
SIDDOWAY,C.J. - 	Sean M. Wright appeals his Spokane County conviction of
attempt to elude a police vehicle. RCW 46.61.024. He contends the evidence was
insufficient to support the conviction because the State failed to prove the essential
element that the officer was in uniform at the time of the pursuit. The State concedes the
error. We reverse Mr. Wright's conviction and dismiss the case.
The attempt to elude charge against Mr. Wright stemmed from a March 6,2013
police pursuit of a vehicle registered to him. The State presented evidence that Spokane
Police Officer Sean Wheeler activated his patrol vehicle's emergency lights and siren
during the pursuit. But there was no evidence produced at trial that Officer Wheeler was
in uniform at the time of the pursuit. Mr. Wright therefore contends the evidence was
insufficient to support the conviction.

No. 32621-7-111
State v. Wright
The test for determining the sufficiency of the evidence is whether, viewing the
evidence and all reasonable inferences from that evidence in the light most favorable to
the State, any rational trier of fact could have found the crime's essential elements
beyond a reasonable doubt. State v. Salinas, 119 Wn.2d 192,201, 829 P.2d 1068 (1992).
The requirement that the police officer be in uniform is an express element of attempt to
elude a police vehicle. RCW 46.61.024; State v. Fussell, 84 Wn. App. 126, 128, 925
P.2d 642 (1996). The State concedes there was no such proof here, and that the evidence
is therefore insufficient to support Mr. Wright's conviction. We agree and accept the
State's concession.
Reversed and dismissed.
A majority ofthe 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.
WE CONCUR:
Lawrence-Berrey, J.
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