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WPIC 35.30.01 Inference of Reckless Conduct—Drive-by Shooting

11 WAPRAC WPIC 35.30.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.30.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.30.01 Inference of Reckless Conduct—Drive-by Shooting
A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct [unless the discharge shall be shown by evidence satisfactory to you to have been made without such recklessness]. This inference is not binding upon you and it is for you to determine what weight, if any, such inference shall be given.
NOTE ON USE
Use this instruction only in cases in which it is justified under the evidence. See discussion of inferences in the Comment. Use the bracketed phrase only if there is evidence on that issue.
COMMENT
RCW 9A.36.045(2).
An instruction similar to WPIC 35.30.01 was approved by the Court of Appeals in State v. Washington, 66 Wn.App. 228, 831 P.2d 787 (1992). This instruction is patterned after WPIC 60.05 (Inference of Intent—Entering or Remaining Unlawfully). That instruction, which explains the inference of intent under the burglary statute, was upheld both in State v. Johnson, 100 Wn.2d 607, 674 P.2d 145 (1983), and State v. Bergeron, 105 Wn.2d 1, 711 P.2d 1000 (1985). For further discussion see the Comment to WPIC 60.05 (Inference of Intent—Entering or Remaining Unlawfully).
As with other inferences, trial courts should carefully consider the facts of the particular case when determining whether to instruct the jury on the permissible inference. See discussion in State v. Farr-Lenzini, 93 Wn.App. 453, 468–70, 970 P.2d 313 (1999) (inferring reckless driving from excessive speed). Inferences are also discussed in several other Comments. See the Comments to: WPIC 95.03 (Excessive Speed—Inference of Reckless Driving); WPIC 38.22 (Dependent Person—Definition); and WPIC 60.05 (Inference of Intent—Entering or Remaining Unlawfully).
For a discussion of case law addressing the drive-by shooting statute, see the Comment to WPIC 35.31 (Drive-By Shooting—Elements).
[Current as of April 2020.]
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