Opinion
No. 59438-9-I.
February 25, 2008.
Appeal from a judgment of the Superior Court for King County, No. 06-1-05263-0, Brian D. Gain, J., entered December 22, 2006.
Affirmed in part, reversed in part, and remanded by unpublished per curiam opinion.
Willie White appeals his conviction for first degree robbery. He contends the State presented insufficient evidence that he displayed "what appear[ed] to be a firearm or other deadly weapon[.]" RCW 9A.56.200(a)(ii). This argument is meritless.
The victim testified that White pointed a black object at him and said "[g]ive me your money or you're going to die." Viewed in a light most favorable to the State, this evidence was sufficient to support a finding, beyond a reasonable doubt, that White displayed what appeared to be a deadly weapon. State v. Scherz, 107 Wn. App. 427, 27 P.3d 252 (2001) (words and actions manifesting the apparent presence of a firearm are sufficient even if a firearm is not actually seen); see e.g. State v. Henderson, 34 Wn. App. 865, 868-69, 664 P.2d 1291 (1983) ("where the accused indicates (verbally or otherwise) the presence of a weapon (real or toy), the effect on the victim is the same whether it is actually seen by the victim or whether it is directed at the victim from inside a pocket.").
White also argues, and the State concedes, that the Judgment and Sentence must be amended because it erroneously lists the crime of conviction as "RCW 9A.56.200(1)(B)." That statute proscribes robbery of a financial institution. White was charged with, and convicted of, violating RCW 9A.56.200(1)(a)(ii). The Judgment and Sentence thus contains a clerical error. We therefore accept the State's concession and remand for correction of the Judgment and Sentence.
The conviction is affirmed but the matter is remanded for correction of the Judgment and Sentence.