State Of Washington, Respondent V. Ken Charles Dausey, Appellant
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, ) ) Respondent, ) ) v. ) ) KEN CHARLES DAUSEY, ) ) Appellant. ) ________________________________) DIVISION ONE No. 64044-5-I UNPUBLISHED OPINION FILED: July 26, 2010 Dwyer, C.J. Ken Charles Dausey appeals from his conviction of nine counts of unlawful possession of a firearm in the second degree, in violation of RCW 9.41.040(2)(a)(i), entered after a bench trial based on stipulated facts. Although Dausey admits that he illegally owned seven long guns identified in the charging document, he contends that insufficient evidence was introduced to convict him of unlawfully owning or possessing an eighth long gun and the ninth firearm, a handgun, that were listed in the charging document. However, the report of the investigating sheriff s deputy, which Dausey stipulated was admissible for any purpose, establishes otherwise. According to the report, all of the guns were discovered in a cabinet in Dausey s bedroom in the house where Dausey lived and maintained an office. The report also indicates that Dausey admitted to owning all the guns in the cabinet, except for the handgun, which No. 64044-5-I/2 Dausey asserted was his wife s. Although the report indicates that Dausey initially admitted to owning about 7 long guns and does not indicate whether the cabinet was unlocked, the totality of the circumstances established by the evidence, which must be viewed in a light most favorable to the State, was sufficient for a rational trier of fact to conclude that Dausey had dominion and control over the house and the firearms stored together in the cabinet in Dausey s bedroom within the house. See State v. Collins, 76 Wn. App. 496, 501, 886 P.2d 243 (1995). In addition, Dausey has not shown that he suffered any prejudice from the trial court s delay in entering written findings of fact and conclusions of law. See State v. Cannon, 130 Wn.2d 313, 329 30, 922 P.2d 1293 (1996) (citing State v. McGary, 37 Wn. Ap. 856, 861, 683 P.2d 1125 (1984)). Affirmed. We concur: -2- No. 64044-5-I/3 -3-
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