[No. 80587-3. En Banc.]
Argued February 14, 2008. Decided April 3, 2008.
[1] Criminal Law — Trial — Taking Case From Jury — Sufficiency of Evidence — Review — In General. In assessing the sufficiency of the evidence supporting a criminal conviction, a court must view the evidence in the light most favorable to the State and decide whether any rational trier of fact could have found the elements of the crime beyond a reasonable doubt. A challenge to the sufficiency of the evidence admits the truth of the State's evidence. [2] Witnesses — Credibility — Question of Law or Fact — Review. Witness credibility determinations are for the trier of fact to make and are not subject to appellate review. [3] Criminal Law — Trial — Taking Case From Jury — Sufficiency of Evidence — Review — Witness Credibility. For purposes of determining the sufficiency of the evidence supporting a criminal conviction, witness credibility determinations are for the trier of fact to make and are not subject to appellate review. [4] Sexual Offenses — Rape — First Degree Rape — Proof — Sufficiency. A defendant may be convicted of first degree rape under RCW 9A.44.040 where a witness testifies to having seen the defendant rape the victim, the victim testifies to having been raped by the use of a screwdriver and soda bottle, and there is evidence that dirt and grass were found in the victim's rectum during a medical examination following the rape. [5] Kidnapping — First Degree Kidnapping — Proof — Sufficiency. A defendant may be convicted of first degree kidnapping under RCW 9A.40.020 by evidence that the victim, who had voluntarily accepted an offer to ride in a motor vehicle occupied by the defendant, was held in the vehicle under a threat of death, was raped, and was dumped on the side of the road after the rape, and that the defendant and others had, at the time, planned on picking up a prostitute to steal the prostitute's money. [6] Assault, Criminal — Second Degree Assault — Proof — Sufficiency. A defendant may be convicted of second degree assault under RCW 9A.36.021 by evidence that the defendant severely beat and raped the victim with a screwdriver and soda bottle. Nature of Action: Prosecution for first degree rape, first degree kidnapping, and second degree assault. Superior Court: The Superior Court for Spokane County, No. 02-1-03276-2, Robert D. Austin, J., on April 7, 2003, entered a judgment on a verdict of guilty. Supreme Court: Holding that the evidence presented at trial was sufficient to support the convictions, the court affirms the judgment. Jeffrey E. Ellis- (of Ellis Holmes & Witchley, PLLC), for appellant. Steven J. Tucker-, Prosecuting Attorney, and Andrew J. Metts III-, Deputy; and Pamela B. Loginsky- (of Washington Association of Prosecuting Attorneys), for respondent. James M. Whisman- on behalf of Washington Association of Prosecuting Attorneys, amicus curiae. En Banc [As amended by order of the Supreme Court April 10, 2008.] ¶1 C. JOHNSON, J. — This case asks us to determine whether sufficient evidence supports John Edward Mines Jr.'s convictions for rape, kidnapping, and assault. FACTS ¶2 In November 2002, J.R. was walking home late at night after visiting a residence where she had smoked cocaine and ingested heroin. A van, containing three men unknown to her, stopped and offered her a ride. She accepted and was seated in the back of the van with one of the men. J.R. asked them if they had any drugs. The man in the back, later identified as John Edward Mines, Jr., asked J.R. to perform oral sex. She refused and asked to be let out of the van. The driver did not stop the van, and J.R. was severely beaten when she tried to escape. J.R. then lost consciousness for a short period of time. When she awoke, she was threatened with death several times and a plastic soda bottle and screwdriver were inserted into her anus and vagina. Eventually she was thrown out of the van in an isolated wooded area. She crawled to a residence and reported the rape. ¶3 J.R. was taken to a hospital where she was examined and treated for multiple injuries, including contusions on her face, back, and arms. The physician informed police officers that she had been raped, severely beaten, and strangled. ¶4 J.R. picked Mines' picture from a photo montage and, after an investigation by the Spokane Police Department, Mines was arrested and charged with rape, kidnapping, and assault. A jury found him guilty of all three charges. Pursuant to former RCW 9.94A.712 (2001), Mines was sentenced to an indeterminate life sentence and given an exceptional minimal sentence by the sentencing judge who found, upon motion by the State, the crimes were committed with deliberate cruelty. Mines appealed. ¶5 Division Three of the Court of Appeals issued an unpublished opinion on June 1, 2005, remanding the case for resentencing pursuant to Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004). State v. Mines, noted at 128 Wn. App. 1001 (2005). Upon motion for reconsideration, the court withdrew the opinion on June 9, 2005. The court stayed further proceedings pending decisions in State v. Borboa, ¶6 Although we had previously denied Mines' motion for discretionary review on November 17, 2005, we accepted review on September 12, 2007, pursuant to RCW 2.06.030 and RAP 4.4, noting the case presented a fundamental and urgent issue of broad public import requiring prompt and ultimate determination. Wash. Supreme Court Ruling Accepting Certification, State v. Mines, No. 80587-3 (Sept. 12, 2007). After numerous motions by defense counsel, made and ruled on before oral argument, the only issue left on review is the sufficiency of the evidence. ANALYSIS CONCLUSION ¶12 Using the standard of review for a challenge to the sufficiency of the evidence, we hold that there is sufficient evidence in this case to uphold the jury's finding of guilt for first degree rape, first degree kidnapping, and second degree assault. We affirm the convictions. ALEXANDER, C.J., and MADSEN, SANDERS, CHAMBERS, OWENS, FAIRHURST, J.M. JOHNSON, and STEPHENS, JJ., concur.