### FILED NOVEMBER6, 2014 In the Office ofthe Clerk ofCourt W A State Court ofAppeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE STATE OF WASHINGTON, 

### ) ) No. 31381-6-111 Respondent, ) ) v. ) 

### ) UNPUBLISHED OPINION LYNNMARIEARNHOLD, 

### ) ) Appellant. ) SIDDOWAY, C.J. LynnArnhold appeals herconvictions ofthird degree assault and resisting arrest, arguing thatthe State presented insufficient evidenceto support the convictions. Specifically, she argues the State did notprove she hadthe intentto assault
a police officer northe intent to resist arrest. Becausethe Statepresented sufficient evidence, we affmn the convictions. FACTS ANDPROCEDURAL BACKGROUND In August 2012, Twisp Police OfficerMichael Hartnett arrested LynnArnhold pursuantto a felony arrestwarrant. In the process ofthe arrest, Ms. Arnhold allegedly bit OfficerTy Sheehan. The State chargedMs. Arnhold with criminal trespass, resisting arrest, and assault ofa law enforcement officer.No. 31381-6-III 

### State 

### v. Arnhold
At trial, Officer Hartnetttestified that he received a call informing him that Ms. Arnhold, who had a felony warrant out for her arrest, was at Horseshoe TrailerPark. He traveledto the trailer park, where he found Ms. Arnhold inside the mobile home ofthe trailerpark manager, Janice Timbers. He immediately told Ms. Arnhold she was under arrest. Ms. Arnhold answered that she would not allow himto arrest her and started flailing her arms. Concerned the situation would escalate, Officer Hartnett grabbed one ofMs. Arnhold's arms andpulled her out ofthe mobile home. After he pulledher outside, she was still struggling to get away. By thattime, Officer Sheehan arrived; he removed his stun gun andplaced it onMs. Arnhold's shoulder, at which point she stopped struggling. Officer Hartnetttestified that he placedhandcuffs on Ms. Arnhold and together he and Officer Sheehan began to escort Ms. Arnhold to the patrol car. While walking down the stairs from the porch, OfficerHartnett felt Ms. Arnhold lunge to the right; simultaneously, Officer Hartnett heard Officer Sheehan exclaim "she bit me." Report of Proceedings (RP) at 190. Officer Hartnett testified that a bruise in the shape ofa semicircle appeared on Officer Sheehan's bicep. He expressed his opinion that the bruise
was a result ofa bite. The Stateproduced three photographs ofthe bruise that were admitted into evidence and publishedto thejury. Officer Sheehan testified to substantially the same events.

2

### No. 31381-6-III 

### State 

### v. Arnhold
Janice Timbers was also called as a witness by the State. She testified that "[Ms. Arnhold] was not very cooperative" and "she was putting up a little fight." RP at 205. Ms. Arnhold testified in her defense. She explained she was aware there was a warrant out for her arrest and she therefore complied with all ofOfficer Hartnett's instructions. She testifiedthat Officer Hartnett never told her she was under arrest; rather, he immediately informed her she was 

### resisting arrest. Finally, addressing her interaction with Officer Sheehan, she testified she did not bite him nor would she have been able to, because there was a stun gun on herjugular. Thejury returned a verdict ofguilty on the charges ofassault and resisting arrest, and a not guilty verdict on the criminal trespass count. Ms. Arnhold timely appealed. ANALYSIS Ms. Arnhold challenges the sufficiency ofevidence to sustainher two convictions. In each case, she challenges the sufficiency ofthe evidence to establish that she acted with the requisite intent. We address these arguments in tum. 

### I Thirddegree assault Ms. Arnhold contends there is insufficient evidence to sustain her conviction for the third degree assault ofOfficer Sheehan. Specifically, she contends the State failed to prove she intended to assault him. "Aperson is guilty ofassault in the third degree ifhe
or she
... [a]ssaults a law enforcement officer or other employee ofa law enforcement agency who was performing his orher official duties at the time ofthe assault." RCW 3No. 31381-6-111 

### State v. 

### Arnhold 9A.36.031(1)(g). Intent is implied as an element ofthird degree assault. 

### State v. 

### Tunney, 129 Wn.2d 336,341,917 P.2d 95 (1996). "Aperson acts with intent or intentionally whenhe or she acts withthe objective or purpose to accomplish a result which constitutes
a crime." RCW 9A.08.010(1)(a). Ajury may inferthat a defendant acted with intent even when there is no direct evidence. 

### State v. 

### Bea, 162 Wn. App. 570, 579,254 P.3d 948 (2011) (citing 

### State v. 

### Caliguri, 99 Wn.2d 501, 506, 664 P.2d 466 (1983)). "Ajury may infer criminal intent from a defendant's conductwhere it is plainly indicated as a matter oflogical probability. This includes inferring orpermissibly presuming that a defendant intends the natural and probable consequences ofhis orher acts." 

### Id. (citations omitted). In determining whetherthere is sufficient evidence to sustain Ms. Arnhold's conviction, this court must decide whether "afterviewing the evidence in the light most favorable to the State, any rational trier offact could have found guilt beyond a reasonable doubt." 

### State v. 

### Salinas, 119 Wn.2d 192,201,829 P.2d 1068 (1992). A claim ofinsufficient evidence admits the truth ofthe State's evidence as well as the truth ofall reasonable inferences drawn therefrom. 

### Id. It is for the fact finder to determine the credibility ofwitnesses and the persuasiveness ofevidence. 

### In re Disciplinary ProceedingAgainstKuvara, 97 Wn.2d 743,747,649 P.2d 834 (1982). Attrial, thejury was presented with Officer Sheehan's testimony that Ms. Arnhold bit him and Officer Hartnett's testimony that as the officers escorted Ms. Arnhold to the 4

### No. 31381-6-111 

### State v. 

### Arnhold patrol car, he felt her body sway toward Officer Sheehan and then heard Officer Sheehan exclaim that she had bit him. Bothofficers testified to their observations ofthe resulting bruise and three photographs ofOfficer Sheehan's arm were admitted into evidence. Although Ms. Arnhold denied biting Officer Sheehan, it is for the fact finder to decide what weight and credibility to assign witness testimony. 

### Id. Substantial evidence permittedthejury to infer Ms. Arnhold intended to bite Officer Sheehan. 

### IL Resisting arrest Ms. Arnhold next contends there was insufficient evidence to convict her of resisting arrest. A person is guilty ofresisting arrest in violation ofRCW9A.76.040(1) "ifhe or she intentionally prevents or attempts to prevent a peace officer from lawfully arresting him orher." Again, "[a] person acts ... intentionally when he or she acts with the objective orpurpose to accomplish a result which constitutes a crime," RCW 9A.08.01O(1)(a), and thejury can infer intent. The same standard ofreview applies. Three witnesses testifiedto a struggle between Ms. Arnhold and Officer Hartnett. Officer Hartnett described Ms. Arnhold physicallyresisting, "actively pulling away," and refusing to comply with his instructions. RP at 188-90. Ms. Timbers said Ms. Arnhold "was putting up a little fight." RP at 205. Officer Sheehan observed Ms. Arnhold "struggling, resisting, basically trying to pull away from Officer Hartnett." RP at 214.



### 5No. 31381-6-II1 State 

### v. Arnhold
Here again, there was sufficient evidence'from which thejury could inferMs. Arnhold's intenttoresist arrest. Affirmed. A majority ofthe panel has determined that this opinion will not be printed in the Washington Appellate Reports but it will be filed for public recordpursuanttoRCW 2.06.040.

WE CONCUR:

Brown, 

### 1.

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