IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
No. 75645-1-1
Respondent,
DIVISION ONE
V.
LeROY PARKER, UNPUBLISHED OPINION
--{
Appellant. FILED: October 23, 2017
PER CURIAM. LeRoy Parker appeals his convictions for felony violation
of a no-contact order, arguing that under State v. Case, 189 Wn. App. 422, 429,
358 P.3d 432(2015), the parties' stipulation to predicate convictions was
insufficient to support the current convictions. The State counters that Case was
wrongly decided and that, in any event, any error was either waived, invited, or
harmless.
While this appeal was pending, the Washington State Supreme Court
reversed Division Two's decision in Case. State v. Case, 187 Wn.2d 85, 384
P.3d 1140(2016). At our request, the parties filed supplemental briefs
addressing the impact of the Supreme Court's decision on this appeal. The
parties agree that the Supreme Court's decision is controlling here and defeats
Parker's arguments under the Court of Appeals' decision in Case.
In a Statement of Additional Grounds, Parker raises one argument
meriting discussion. He claims the prosecutor violated the trial court's rulings by
referencing alcohol and "Battered Wife Syndrome" or "BWS" during closing
argument. The record belies these claims. Although the court excluded
No. 75645-1-1/2
testimony as to Parker's breath test results, the court ruled that "any questions as
to how much alcohol Mr. Parker had consumed was relevant as it related to his
memory of what had happened [1" RP 232-33. Parker fails to identify, nor did
our review of closing argument disclose, any violation of this ruling. Our review
of closing argument also failed to disclose any reference to "BWS" or "Battered
Wife Syndrome".
Affirmed.
For the court:
-2