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State v. Ryncarz
Citations: 64 Wash. App. 902; 826 P.2d 1101; 1992 Wash. App. LEXIS 121Docket: No. 11076-1-III
Court: Court of Appeals of Washington; April 7, 1992; Washington; State Appellate Court
J. Joseph P. Ryncarz was convicted on four counts: 1) second degree assault under RCW 9A.36.021(1)(c), 2) possession of a pistol by a felon under RCW 9.41.040(1), 3) possession of a loaded shotgun in a vehicle under RCW 77.16.250, and 4) extortion under RCW 9A.56.110 and .120(1). The convictions stemmed from two incidents involving Michael Campbell. The first incident on April 1, 1990, involved Ryncarz demanding money for a vehicle sold by Campbell, leading to the extortion charge. The second incident on May 23 occurred when Ryncarz, suspected of carrying a weapon, confronted Campbell at his home, resulting in Ryncarz brandishing a sawed-off shotgun. Campbell fired at Ryncarz in self-defense, hitting him twice, while Ryncarz shot Campbell's vehicle. During arraignment, Ryncarz filed an unverified affidavit and motion for a change of venue and judge based on RCW 4.12.030, 040, 050, and RCW 10.25.070, clearly indicating a desire for a change of judge as per RCW 4.12.050. However, his affidavit was rejected for not being notarized. The court noted that the judge or clerk could have corrected the affidavit's form at arraignment. Given the potential for prejudice, it was determined that form should not outweigh substance, and Ryncarz was entitled to a change of judge. Consequently, the court reversed the convictions and remanded for a new trial. Remaining contentions were deemed without precedential value and will not be published. Chief Justice Shields and Judge Thompson concurred, with review denied at 119 Wn.2d 1020 (1992).