Filed Washington State Court of Appeals Division Two IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON November 2, 2021 DIVISION II STATE OF WASHINGTON, No. 54302-8-II
Respondent,
v.
RUBEN PAYAN ACUNA, aka RUBEN UNPUBLISHED OPINION ACUNA PAYAN,
Appellant.
GLASGOW, A.C.J. - Ruben Payan Acuna, also known as (aka) Ruben Acuna Payan
(hereinafter referred to as Payan), unlawfully entered a man's apartment while armed with a
firearm, purportedly because Payan believed someone in the apartment had his wallet. 1 Payan
argued with the man, beat him with the butt of his firearm, and shot him in his legs.
A jury found Payan guilty of first degree burglary and second degree assault, each with a
firearm enhancement. At sentencing, the trial court used its discretion to apply the burglary
antimerger statute, finding that Payan's actions were callous, deliberate, cruel, and unnecessary.
The trial court sentenced Payan to a 128-month standard range sentence, including 36-month and
60-month consecutive firearm enhancements.
Payan appeals his sentence, arguing that he received ineffective assistance of counsel when
his defense counsel failed to request that the two firearm enhancements be imposed concurrently.
In a statement of additional grounds for review, Payan also argues that his judgment and sentence
is facially invalid because it uses his incorrect name and that the firearm sentencing enhancements
We note that the appellant has asked to be referred to as Ruben Acuna Payan, so we refer to him as Payan in this opinion. No. 54302-8-II
were not proved beyond a reasonable doubt because the trial court did not enter written findings.
We disagree and affirm Payan's sentence, but we remand to the trial court for the addition of "aka
Ruben Acuna Payan" to the caption of the judgment and sentence.
FACTS
I. BACKGROUND
In November 2018, Payan went to Oscar Sanchez Galindo's apartment in Lakewood. When
Galindo opened the door, Payan asked if Galindo's cousin, Franco, was there. Payan believed that
Franco had taken his wallet. When Galindo told Payan that Franco had not been there in three
days, Payan pulled out a handgun and pointed it at Galindo's head.
Payan entered Galindo's apartment and demanded that Galindo call Franco while
continuing to point the gun at him. When Franco did not answer Galindo's phone call, Payan
started hitting Galindo and shot him in his legs. Payan continued to hit Galindo with the butt of his
gun and kick him in the groin, chest, and face. Payan threatened to kill Galindo while pressing the
gun against his head. Eventually, Payan took Galindo's phone and left the apartment.
Payan testified at trial to a different version of events. After informing Payan that Franco
was not home, Galindo told Payan not to come to the apartment again or he would shoot him. The
two men each pulled handguns and pointed them at each other. Payan testified that he shot Galindo
in the legs in self-defense.
The State charged Payan with second degree assault, first degree robbery, attempted second
degree murder, and first degree burglary, each