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State v. Davenport5/11/2004
Jerald Davenport, Jr. appeals his conviction of two counts of first degree robbery, arguing trial court error, insufficiency of the evidence, and ineffective assistance of counsel. We affirm.
FACTS
On November 19, 2000, Janna Wiseman and Ricki Singleton worked at a Vancouver convenience store. Wiseman stood at the cash register and Singleton stood close by when a man entered the store twice. The first time, he lingered for about ten minutes. The second time, he approached the counter, pointed a gun at the women, and demanded money. Wiseman gave the man bills from the cash register as Singleton watched.
The man fled in a car. The two women described the robber and a third witness described the car to police dispatch. A Vancouver police officer saw the vehicle driven by a man matching the robber's description and gave chase. The high-speed chase ended in Oregon, where the robber abandoned the vehicle.
Police officers who searched the abandoned vehicle found handgun ammunition. The officers also found Davenport's birth certificate and a photograph of two males. At that time, they did not recover the gun displayed during the robbery.
About 90 minutes after the robbery, an officer showed the photograph found in the car to Wiseman. She identified the man on the right as the robber. Another officer showed the same photograph to Singleton a couple hours after the robbery, but she was unable to conclusively identify which male was the robber. The next morning Singleton contacted the police and expressed certainty that the man on the right was the robber. Later, the police verified that Davenport was the man on the right in the photograph.
On November 20, Vancouver officers showed Wiseman and Singleton a black and white six-man photographic montage. The women viewed the montage separately. Both identified Davenport's photograph as depicting the man who had robbed them.
On November 22, Portland police officers learned where Davenport might be staying. The officers knew Davenport had an outstanding out-of-state felony arrest warrant and did not obtain another one before seeking Davenport at the home.
When the officers arrived at the home and knocked on the door, an occupant gave permission to enter. Once inside, they called for Davenport, who responded and said that he had cut his neck in a suicide attempt.
The officers took Davenport to the hospital for medical care. A doctor administered morphine and a local anesthetic before suturing Davenport's neck wound. Laboratory tests disclosed a 37.6 hematocrit, minimal blood alcohol and cannabis levels, and a threshold blood amphetamine/methamphetamine level.
The doctor released Davenport from the hospital at midnight, about three hours after he received the morphine and local anesthetic. The police then took him to the Vancouver jail.
At 12:40 a.m., Vancouver police officers Wallace Stefan and Jane Easter interviewed Davenport after they read him his Miranda rights and he waived them in writing. According to the officers, Davenport remained coherent and cooperative during the 60-90 minute interview. They did not observe any problems with Davenport's motor skills, ability to follow directions, or speech patterns.
Davenport confessed to entering the convenience store with a .357 Taurus handgun and demanding money from the clerks. He drew a map to aid in searching for the firearm. About a month later, the police recovered the firearm in the area Davenport described.
The State charged Davenport with two counts of first degree robbery, violating RCW 9A.56.190 and RCW 9A.56.200(1)(b). He moved to sup
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