FILED 


OCTOBER 22, 2015 


In the Office of the Clerk of Court 


W A State Court of Appeals, Division III 


IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON 


DIVISION THREE 


STATE OF WASHINGTON, ) 

) No. 32553-9-111 

Respondent, ) 

) 

v. ) 

) 

SUSAN JAYNE LASTER, ) UNPUBLISHED OPINION 

) 

Appellant. ) 

) 

FEARING, J. - Susan Laster appeals her conviction for resisting arrest. She also 

contends that the trial court erred when imposing a mental health evaluation as a 

condition to probation. We affirm both her conviction and sentence. 

FACTS 

Sixty-four-year-old Susan Laster dwelled with her dog Sarah in a truck on Clark 

Street, in Republic. Laster stored all ofher possessions in the truck or an attached trailer. 

A Republic ordinance prohibited the parking of a car for more than twelve consecutive 

hours in designated zones. Laster parked her truck and trailer in front ofAnderson's 
No. 32553-9-III 

State v. Laster 

Grocery in violation of the city ordinance. 

On five occasions, Republic Police Chief Jan Lewis instructed Susan Laster to 

move her truck from the front of the grocery store. Laster ignored Chief Lewis' demand. 

She also declined Lewis' offer to fill the truck with gas with city funds. The truck's 

battery died and its radiator fluid bled from the truck. Laster rejected the assistance of a 

mechanic sent by a local church. The truck languished in front of Anderson's Grocery. 

Laster received a parking ticket. 

During a frozen early morning, Susan Laster shuffled down a Republic main street 

to earn $5 by shoveling snow. Sarah remained in the truck. City Police Chief Jan Lewis, 

Officer Matthew Beard, Officer Loren Culp, and a tow truck driver with his truck went to 

Laster's truck and trailer with the intent of impounding the vehicles. Officer Culp wore a 

body camera. Chief Lewis knew that Laster pawned many firearms, but believed Laster 

might still possess a pistol. Laster saw lights near her truck and returned to her wheeled 

home. Culp blocked traffic for the tow truck operator, while Chief Lewis and Officer 

Beard hindered Laster. 

The tow truck reversed toward Susan Laster's truck, at which time Laster 

screamed. Officer Matthew Beard testified at trial: 

[Laster] was very agitated, was screaming that we were going to kill 

her dog. And Chief Lewis tried to explain to her that we were not going to 

kill her dog and as soon as the vehicle was loaded we would retrieve the 

animal for her. 

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No. 32553-9-II1 

State v. Laster 

Report of Proceedings (RP) at 87. Laster struck Chief Jan Lewis on the shoulder. Lewis 

infonned Laster that she was under arrest for assault. Lewis later testified: 

A I tried to explain to Ms. Laster why we were there, what we were 

going to do, and-she kept-she started off by yelling we were there to kill 

her dog, and then she struck me. 

Q Okay. And [where] did she strike you? 


A My shoulder. 


Q Okay. What was your reaction to that? 


A I advised her she shouldn't have done that because now I was 


going to arrest her. 

Q Okay. And what was her reaction to that? 

A Not happy with it. And we-Off. Beard and I started tussling 

with her to get handcuffs on her. She resisted the whole time. And seeOff. Beard got kicked numerous times in-in one of his legs, and we were 

finally able to handcuff her. 

RP at 63-64. 

Susan Laster kicked Matthew Beard in the leg three times. After hearing a 

scream, Loren Culp triggered his body camera and ran toward the skinnish. Officer Culp 

testified: 

[Laster] was struggling, trying to get away from Chief Lewis and 

Off. Beard. ... Flailing her arms around, screaming and hollering. 

Kicking her legs. Just basically trying to get away. 

RP at 106. 

ChiefJan Lewis and Officer Matthew Beard grabbed opposite arms of Susan 

Laster. The two men handcuffed Laster. Laster continued to flail and kick. When 

Lewis, Beard, and Loren Culp sought to seat Laster in a patrol vehicle, Laster distended 

her legs so that she could not fit into the vehicle. The officers next strived to consign 

3 

No. 32553-9-111 

State v. Laster 

Laster into a larger truck. Laster grew limp. Laster screamed she would not leave 

without a matron. The three officers eventually landed Laster into a police van, which 

transported her to jail. The Republic officers spent ten minutes struggling to place Laster 

into a vehicle. 

During impound of the truck, Officers Loren Culp and Matthew Beard inventoried 

Susan Laster's belongings. Beard found a loaded .22 pistol near the driver's seat. 

PROCEDURE 

The State of Washington charged Susan Laster with two counts of third degree 

assault and one count ofresisting arrest. The State later amended the charges to include 

one count ofunlawful carrying a loaded pistol in a vehicle. 

In jail, Susan Laster refused water and food because she suspected both to be 

poisoned. Ron Casebeer, a mental health professional evaluated Laster. Casebeer 

concluded that Laster showed signs of mental illness, including paranoia. 

The trial court ordered Eastern State Hospital to evaluate Susan Laster's 

competency to stand trial. Eastern State Hospital issued a report that found Laster 

competent to stand trial. A psychologist at the state hospital diagnosed Laster, however, 

as having a "Personality Disorder, Not Otherwise Specified with Borderline and 

Schizotypal Traits." Clerk's Papers (CP) at 24. 

4 

No. 32553·9·111 

State v. Laster 

During trial, Chief Jan Lewis, Officer Matthew Beard, and Officer Loren Culp 

testified for the prosecution. When testifying, each officer described Susan Laster's 

conduct as "resisting." Laster did not object to the testimony. 

The trial court admitted as an exhibit the video from Officer Culp's body camera 

and permitted the playing ofthe video to the jury. When the video begins, Susan Laster 

is already in handcuffs. During the video, Laster screams wildly, while the three officers 

oscillate between trying to calm Laster and lifting her into a vehicle. 

After the State's case-in-chief, the court dismissed the unlawful weapons charge 

because the State presented no evidence that Laster lacked a concealed weapons permit. 

Susan Laster testified in her own defense. Laster denied hitting Chief Jan Lewis 

and declared: 

they were coming at me. 1 put my hand out. 1 did touch him on the 

shoulder. . .. It was just a defense thing. Yes[, the right hand]. It's just to 

stop him. 

RP at 131. Laster admitted to struggling with the officers, but repudiated that she tried to 

escape from their clutch. Laster also denied kicking Officer Beard. 

Susan Laster believed the officers conspired to arrest her. She explained to the 

They were intent on arresting me. 1 had no idea what they were 

going to do with my dog. And they had planned it. I knew that. And I 

wasn't going to cooperate with them. 

RP at 133. When asked by the prosecution why she did not willingly enter the patrol car, 

5 

No. 32553-9-111 

State v. Laster 

Laster responded: 

1had my hands behind my back, 1had two coats on. 1had been 

arrested for no reason. 1 had three guys on me. 1didn't know where they 

were going to take me. This is a small town, and I'm not liked very much 

here. 

RP at 139. 

During closing argument, Susan Laster did not argue that her arrest was unlawful. 

Laster contended that she did not intend to elude arrest. Her counsel told the jury: 

That's where we start coming into the issue with regard to resisting 

arrest. And we have to take a look at the definitions there. And again, 

we're talking about words. And you look at No. 12, which is the elements. 

Again, the act has to be an intent, and it has to be one of two things: 

either preventing the arrest from occurring, or attempting to prevent the 

arrest from occurring. 

So how do you prevent an arrest from occurring? You can tum and 

run-an officer who's out of shape and can't keep up with you. You can 

hide someplace. You've prevented your arrest. 

How do you attempt? Same situation. Say, you start running. But 

the officer's in good shape. And maybe you slip and fall, and he gets you. 

You attempted to prevent the arrest. 

Now, the two officers have come up the street, the chief says, "You 

struck me; you're under arrest for third degree assault." That's before the 

video starts. The arrest has occurred. How has she attempted to prevent an 

arrest? How had she prevented an arrest? She's already been arrested. 

And that's why the video doesn't count. Anything that has 

happened after that has nothing to do with whether or not she was arrested 

[prior to any resistance, as the officers had already succeeded in 

handcuffing her.] 

RP at 207. 

The trial court instructed the jury on the charge of resisting arrest: 

6 

No. 32553-9-111 

State v. Laster 

A person commits the crime of resisting arrest when he or she 

intentionally prevents or attempts to prevent a peace officer from lawfully 

arresting him or her. 

To convict the defendant of the crime of resisting arrest, each of the 

following elements of the crime must be proved beyond a reasonable doubt: 

1) That on or about the 7th day ofFebruary, 2013, the defendant 

prevented or attempted to prevent a peace officer from arresting her; 


2) That the defendant acted intentionally; 


3) That the arrest or attempt to arrest was lawful; and 


4) That any ofthese acts occurred in the State of Washington. 


CP at 110-11; accord 11A WASHINGTON PRACTICE: WASHINGTON PATTERN JURY 

INSTRUCTIONS: CRIMINAL §§ 120.05, 120.06 (3d ed. 2008) (WPIC). The trial court did 

not direct the jury to determine whether Laster's arrest was lawful. Susan Laster did not 

request such an instruction. The court defined "assault" in a jury instruction as: 

An assault is an intentional touching or striking of another person, 

with unlawful force, that is harmful or offensive regardless of whether any 

physical injury is done to the person. A touching or striking is offensive if 

the touching or striking would offend an ordinary person who is not unduly 

sensitive. 

CP at 108. 

During deliberations, the jury asked the trial court: 

When does an arrest start and when does it end[?] When the cuffs 

go on? When they are in the car? Or when she's in jail? 

RP at 218. Defense counsel recommended furnishing the jury with a supplemental 

instruction that would define "arrest." The court rejected the suggestion and told the jury 

to refer to the existing instructions. An undeterred jury then asked: "If an officer arrests a 

7 

No. 32553-9-II1 

State v. Laster 

person, is he liable to rescind the charge and arrest[?]" RP at 221. The trial court again 

directed the jury to refer to the existing instructions. 

The jury found Susan Laster guilty of resisting arrest. The jury failed to render 

unanimous verdicts on the two charges of third degree assault. 

The trial court sentenced Susan Laster to ninety days in jail with seventy-five days 

suspended contingent on Laster complying with the conditions of her probation. One 

probation condition required Laster to procure a mental health evaluation from a state 

licensed mental health professional, file a copy of the evaluation within thirty days, begin 

any recommended treatment or education within sixty days, and file proof of timely 

enrollment and completion. The trial court did not cite any statute as a,basis for imposing 

this condition. 

During sentencing, the trial court noted the officers' "remarkable patience" in 

responding to Susan Laster's "profound anger." RP at 247. The court addressed Laster: 

I like to view it as an opportunity, a way to break this impasse, here, 

and let you go on living in this community but without all these problems. 

RP at 248. 

LA W AND ANALYSIS 

On appeal, Susan Laster contends: (1) insufficient evidence supports her 

conviction for resisting arrest, (2) the trial court failed to instruct the jury on determining 

whether Laster's arrest underlying her conviction for resisting arrest was lawful, (3) the 

8 

No. 32553-9-III 

State v. Laster 

trial court erroneously permitted the arresting officers to use the word "resist" and to 

thereby testify to an ultimate issue of fact, and (4) the trial court exceeded its sentencing 

authority when it ordered her to undergo a mental health evaluation and treatment. We 

reject Laster's contentions and affirm her conviction and sentence. 

Sufficiency of the Evidence 

Susan Laster contends insufficient evidence supports her conviction for resisting 

arrest. We disagree. 

Evidence is sufficient if a rational trier of fact could find each element of the crime 

beyond a reasonable doubt. State v. Green, 94 Wn.2d 216,221,616 P.2d 628 (1980). 

Both direct and indirect evidence may support the jury's verdict. State v. Brooks, 45 Wn. 

App. 824, 826, 727 P.2d 988 (1986). This court draws all reasonable inferences in favor 

ofthe State. State v. Partin, 88 Wn.2d 899,906-07,567 P.2d 1136 (1977). Only the trier 

of fact weighs the evidence and judges the credibility of witnesses. State v. Carver, 113 

Wn.2d 591, 604, 789 P.2d 306, 781 P.2d 1308 (1989). 

Susan Laster was convicted ofresisting arrest in violation ofRCW 9A.76.040, 

which provides: "A person is guilty ofresisting arrest ifhe or she intentionally prevents 

or attempts to prevent a peace officer from lawfully arresting him or her." RCW 

9A.76.040(1) (emphasis added). Laster challenges two elements of her conviction for 

insufficient evidence: intent and the lawfulness ofthe underlying arrest. 

"A person acts with intent or intentionally when he or she acts with the objective 

9 

No. 32553-9-III 

State v. Laster 

or purpose to accomplish a result which constitutes a crime." RCW 9A.08.010(l)(a). 

Susan Laster posits that she intended to stop officers from harming her dog and truck and 

to protect herself by asking for a matron. Her argument falsely assumes that an act can 

be motivated by only one or two objectives. Regardless of her underlying or mixed 

motives, sufficient evidence supports the jury's finding that Laster intended to prevent 

her arrest. Laster testified that she "wasn't going to cooperate" with the officers. RP at 

133. Officer Loren Culp described Laster as struggling, flailing her arms, kicking her 

legs, and attempting to free herself before Officer Matthew Beard and Chief Jan Lewis 

handcuffed her. A rational trier of fact could have found an intent to prevent arrest. 

Insertion of the word "lawful" in RCW 9A.76.040(l) prevents the State from 

prosecuting one who used force to prevent an unlawful arrest. State v. Goree, 36 Wn. 

App. 205, 209, 673 P.2d 194 (1983); State v. Hoffman, 35 Wn. App. 13, 18,664 P.2d 

1259 (1983). Therefore, we must address the lawfulness of Susan Laster's arrest. 

A law enforcement officer may arrest a citizen on probable cause to believe that 

the citizen has committed a crime. RCW 10.31.100. Chief Jan Lewis arrested Susan 

Laster based on his belief that she committed third degree assault against him. RCW 

9A.36.031(1)(g) defines third degree assault and provides in part: 

A person is gUilty of assault in the third degree if he or she, under 

circumstances not amounting to assault in the first or second degree ... 

[a]ssaults a law enforcement officer or other employee of a law 

enforcement agency who was performing his or her official duties at the 

time of the assault. 

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No. 32553-9-II1 

State v. Laster 

The primary purpose of the statute is to prohibit assaultive behavior which interferes with 

the custodian's lawful obligations to ensure a peaceful and orderly custody. State v. 

Goree, 36 Wn. App. at 209 (1983); State v. Jury, 19 Wn. App. 256, 269, 576 P.2d 1302 

(1978). 

"Assault" is not defined in the criminal code. Common law, not the criminal code, 

supplies several definitions of assault. State v. Wilson, 125 Wn.2d 212, 217-18,883 P.2d 

320 (1994). One ofthese definitions is '" putting another in apprehension of harm 

whether or not the actor intends to inflict or is capable of inflicting that harm.'" Wilson, 

125 Wn.2d at 218 (quoting State v. Bland, 71 Wn. App. 345, 353,860 P.2d 1046 (1993». 

A touching may also be unlawful because it was neither legally consented to nor 

otherwise privileged and was either harmful or offensive. State v. Jarvis, 160 Wn. App. 

111, 118,246 P.3d 1280 (2011); State v. Thomas, 98 Wn. App. 422, 424, 989 P.2d 612 

(1999). 

Susan Laster struck Chief Jan Lewis on his shoulder before Lewis stated she was 

under arrest. The State presented no evidence that the touching harmed Chief Lewis. 

Nevertheless, when assessing the evidence in a light most propitious to the prosecution, 

Lewis had reason to consider the touching offensive. Therefore, the facts presented at 

trial support the jury's finding that the arrest of Susan Laster for third degree assault was 

lawful. Since some facts support the verdict, this court does not question the validity or 

11 

No. 32553M9-II1 

State v. Laster 

wisdom of prosecuting a sixty-fourMyearMold mentally ill, homeless woman who hits a 

police officer on the shoulder because of a misguided concern about the safety of a dog 

who could be her only companion. 

Susan Laster emphasizes her lack of conviction on each charge of assaulting a 

police officer. She may suggest that these State deficiencies conclusively establish that 

law enforcement officers lacked probable cause to arrest her for assault and it follows that 

she could not be prosecuted and convicted ofresisting arrest. Nevertheless, an absence of 

a conviction on a charge does not prove an absence of probable cause to arrest for that 

charge. A police officer need not establish proof beyond a reasonable doubt to hold 

probable cause. 

Susan Laster fails to concede that the jury did not acquit on the two charges of 

assault. The jury instead did not reach a verdict on those charges. A hung jury does not 

preclude retrial. State v. Russell, 101 Wn.2d 349, 351, 678 P.2d 332 (1984). A later jury 

could still find Laster guilty of assaUlting the officers. 

Susan Laster mentions in her briefing a person's right to resist an unlawful arrest. 

A person may resist an unlawful arrest only if necessary to prevent injury, and the 

resistance must be proportional to the goal ofpreventing injury. State v. Hornaday, 105 

Wn.2d 120,131,713 P.2d 71 (1986); State v. Mann, 157 Wn. App. 428, 438, 237 P.3d 

966 (2010). The use of force to prevent even an unlawful arrest that threatens only a loss 

of freedom is not reasonable. State v. Goree, 36 Wn. App. at 209 (1983). Susan Laster 

12 

No. 32553-9-III 

State v. Laster 

did not argue at trial that she resisted an unlawful arrest. Facts do not support this 

defense. 

Lack of Jury Instruction 

A jury found Susan Laster guilty of resisting arrest in violation of RCW 

9A.76.040(1), which reads: "A person is guilty of resisting arrest ifhe or she 

intentionally prevents or attempts to prevent a peace officer from lawfully arresting him 

or her." The trial court instructed the jury on the elements of resisting arrest. One of 

those elements is "the arrest or attempt to arrest was lawful." CP at 111. The jury 

instruction followed the language encouraged by WPIC 120.06. Susan Laster contends 

the trial court should have delivered an additional instruction directing the jury on how to 

judge whether the arrest underlying her conviction for resisting arrest was lawful. WPIC 

120.07 proposes such an instruction. WPIC 120.07 reads, in part: 

An arrest is [also} lawful if the arresting officer had probable cause 

to believe that the person arrested had committed the crime of (name of 

crime) [in the officer's presence]. "Probable cause" means facts that would 

cause a reasonably cautious officer to believe that the person had 

committed that crime. In determining whether the facts known to the 

officer justified this belief, you may take into account the officer's 

experience and expertise. 

(Emphasis added.) 

Susan Laster did not request WPIC 120.07 at trial. She argues instead that she 

challenged the incomplete instructions when her counsel requested a supplemental 

instruction defining "arrest" when the jury asked its first question. This argument fails 

13 

No. 32553-9-111 

State v. Laster 

for two reasons. First, a party must notify the trial court of a claimed instructional error 

before the charge to the jury. Riblet v. Ideal Cement Co., 57 Wn.2d 619,624,358 P.2d 

975 (1961); Johnson v. Howard, 45 Wn.2d 433,449,275 P.2d 736 (1954). Second, the 

late request did not seek an instruction on when an arrest was lawful, but rather what 

police action constituted an arrest. 

Susan Laster forwards two other contentions to obtain appellate review of her 

second assigned error in the event we conclude she failed to properly preserve the error at 

trial. First, she argues the error comprises manifest constitutional error. Second, she 

contends her trial counsel was ineffective by not seeking the additional jury instruction. 

We address these twin contentions in such order and reject both. 

Under RAP 2.5(a), an appellate court may decline to hear assignments of error not 

raised before the trial court. One exception to this declination rule is a party's assertion 

of "manifest error affecting a constitutional right." RAP 2.5(a)(3). Under this exception, 

an appellant must demonstrate (1) the error is manifest and (2) the error is truly of 

constitutional dimension. State v. O'Hara, 167 Wn.2d 91,98,217 P.3d 756 (2009). 

Washington courts have announced differing formulations for "manifest error." 

One articulation is that the error is one "truly of constitutional magnitude." State v. Scott, 

110 Wn.2d 682, 688, 757 P .2d 492 (1988). Another test is whether the alleged error 

actually affected the defendant's rights. A showing of actual prejudice makes the error 

"manifest," allowing appellate review. State v. O'Hara, 167 Wn.2d at 99 (2009). 

14 

No. 32553-9-III 

State v. Laster 

Susan Laster contends that a "to-convict" jury instruction violates due process if it 

permits conviction absent proof of each element of a charged offense. We agree, but the 

argument fails in this appeal, because the trial court's instruction listed each element of 

the crime of resisting arrest, including the element of a lawful arrest. The gist ofLaster's 

argument is something different than the failure to itemize each element ofthe crime. 

Her claimed error is that ofnot defining some of the words in one of the elements. 

Susan Laster advances no decision in which a court held that a failure to define a 

term or phrase in a "to-convict" instruction violates the defendant's due process rights. 

We do not consider conclusory arguments that are unsupported by citation to authority. 

Joy v. Dep 't ofLabor & Indus., 170 Wn. App. 614, 629, 285 P.3d 187 (2012), review 

denied, 176 Wn.2d 1021,297 P.3d 708 (2013). An error not supported by citation is not 

obvious error and thus not manifest constitutional error. 

Susan Laster never argued to the jury that she was unlawfully arrested. Her 

defense was that she did not resist arrest. She emphasized that she could not resist arrest 

when she took no physical action until after her arrest. Thus, she cannot establish any 

harm by the failure to give an instruction circumscribing a lawful arrest. 

Susan Laster cites City ofTacoma v. Nekeferoff, 10 Wn. App. 101,516 P.2d 1048 

(1973) for the proposition that the jury must be instructed on what constitutes a lawful 

arrest and what a defendant's rights are in resisting an unlawful arrest. Nevertheless, 

such an instruction was important in Nekeferoffbecause the defendants interposed the 

15 

No. 32553-9-111 

State v. Laster 

defense of unlawful arrest. While Laster believed her arrest to be the result of a spiteful 

conspiracy, she did not contend at trial that the arrest was unlawful. 

Susan Laster briefly asserts that defense counsel was ineffective for not 

requesting further instruction on the meaning of "lawful." A claim of ineffective 

assistance of counsel requires a showing that (1) counsel's performance was deficient and 

(2) the deficient performance prejudiced the defendant. State v. Thomas, 109 Wn.2d 222, 

225-26,743 P.2d 816 (1987). To rebut the strong presumption that counsel's 

performance was effective, the defendant bears the burden of establishing the absence of 

any conceivable legitimate tactic explaining counsel's performance. State v. Hamilton, 

179 Wn. App. 870, 879-80, 320 P.3d 142 (2014). Further instruction on the meaning of 

"lawful" may have harmfully highlighted Laster's conflict with law enforcement. Thus, a 

tactical reason existed for defense counsel to have withheld a request for the instruction. 

Opinion Testimony 

During trial testimony, ChiefJan Lewis, Officer Matthew Beard, and Officer 

Loren Culp all uttered the word "resisting" when portraying Susan Laster's conduct. The 

word "resisting" is not employed in the jury instruction's elements of the crime. The 

instruction instead utilized the phrase "prevented or attempted to prevent a peace officer 

from arresting her." CP at 111. Nevertheless, the crime's label is "resisting arrest." CP 

at 110-11. 

Susan Laster contends that the trial court permitted the arresting officers to testify 

16 

No. 32553-9-III 

State v. Laster 

to ultimate issues of fact or conclusions of law by mouthing the term "resisting." 

According to Laster, the testimony, in turn, invaded the province of the jury. Laster 

argues use of the word "resisting" was tantamount to testifYing that she was guilty of a 

cnme. 

Susan Laster did not object to the officers' testimony during trial. Therefore, the 

State argues that Laster failed to preserve this issue for review and that any error was 

harmless. Laster argues that allowing the testimony constituted manifest constitutional 

error. 

We have already outlined a manifest constitutional error analysis. The appellate 

court may refuse to review any claim of error that was not raised in the trial court. RAP 

2.5(a). However, a manifest error affecting a constitutional right may be raised for the 

first time on appeal. RAP 2.5(a)(3). Our Supreme Court has ruled that admission of 

witness opinion testimony on an ultimate fact, without objection, is not automatically 

reviewable as a manifest constitutional error. State v. Kirkman, 159 Wn.2d 918, 936, 155 

P.3d 125 (2007). To be manifest, the testimony must be an explicit or nearly explicit 

opinion on a victim's credibility or the defendant's guilt. State v. King, 167 Wn.2d 324, 

332,219 P.3d 642 (2009). 

Susan Laster cites to State v. Quaale, 182 Wn.2d 191,340 P.3d 213 (2014). In 

Quaale, a drunk driving prosecution, a trooper testified over defense counsel's objection 

that he had "no doubt [the defendant] was impaired." 182 Wn.2d at 195. Quaale is 

17 

No. 32553-9-111 

State v. Laster 

readily distinguishable on the ground that the issue was preserved for appeal because of 

the contemporaneous objection. Also, the trooper's opinion addressed the core issue of 

whether Quaale drove while under the influence of alcohol, the only disputed element of 

the crime. 

In the case on appeal, Susan Laster admitted to not cooperating. An officer's body 

camera video showed Laster's recalcitrance. Whether she resisted was not the issue at 

trial. Instead, Laster asserted a defense that she was already safely in police custody at 

the time of her resistance. The core issue was whether Laster was already under arrest. 

Assuming the testimony constituted error, the evidence was harmless and did not 

constitute manifest error. 

Mental Health Evaluation and Treatment 

Susan Laster last contends the trial court committed error when it ordered her to 

undergo a mental health evaluation and treatment. Laster argues that the trial court 

exceeded its statutory authority under RCW 9.94B.080, a section of the Sentencing 

Reform Act of 1981, ch. 9.94A RCW that reads: 

The court may order an offender whose sentence includes 

community placement or community supervision to undergo a mental status 

evaluation and to participate in available outpatient mental health treatment, 

if the court finds that reasonable grounds exist to believe that the offender 

is a mentally ill person as defined in RCW 71.24.025, and that this 

condition is likely to have influenced the offense. An order requiring 

mental status evaluation or treatment must be based on a presentence report 

and, if applicable, mental status evaluations that have been filed with the 

court to determine the offender's competency or eligibility for a defense of 

18 
No. 32553-9-III 

State v. Laster 

insanity. The court may order additional evaluations at a later date if 

deemed appropriate. 

Susan Laster's evaluation ofRCW 9.94B.080 is misplaced. The trial court did not 

order Laster to undergo a mental health evaluation and treatment under that statute. 

Laster was found guilty of a misdemeanor, not a felony. The Sentencing Reform Act, 

including RCW 9.94B.080, applies only to felonies and does not operate to limit the 

traditional discretion that courts have when sentencing a misdemeanor offender. Harris 

v. Charles, 171 Wn.2d 455,465,256 P.3d 328 (2011). 

Courts possess wide discretion when setting probation conditions for 

misdemeanors. State v. Deskins, 180 Wn.2d 68, 78,322 P.3d 780 (2014). Misdemeanor 

sentencing courts have the discretion to issue suspended sentences or to impose sentences 

and conditions with carrot-and-stickincentives to promote rehabilitation, a goal of 

misdemeanor sentencing. Harris v. Charles, 171 Wn.2d at 465 (2011); Wahleithner v. 

Thompson, 134 Wn. App. 931, 941,143 P.3d 321 (2006). 

The trial court did not abuse its discretion. Susan Laster refused water and food in 

jail on the fear both were poisoned. A psychologist diagnosed Laster with a personality 

disorder with borderline and schizotypal traits. Laster, when testifying, referenced her 

struggles with the community. 

CONCLUSION 

We affirm Susan Laster's conviction for resisting arrest and her sentence. 

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No. 32553-9-III 

State v. Laster 

A majority of the panel has determined this opinion will not be printed in the 

Washington Appellate Reports, but it will be filed for public record pursuant to RCW 

2.06.040. 

WE CONCUR: 


BroWn, A.CJ.Q 

20