State Of Washington v. Biniam Petros Dubiso

COURT CF APPEALS DIV 1 , STATE OF WASHINGTON 2018 JUN 18 fitl 8:37 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, ) ) DIVISION ONE Respondent, ) ) No. 76076-9-1 v. ) ) UNPUBLISHED OPINION BINIAM PETROS DUBISO, ) ) Appellant. ) FILED: June 18, 2018 ) DWYER, J. — Biniam Dubiso was charged and convicted of attempted rape in the second degree and attempted residential burglary with sexual motivation. On appeal, Dubiso contends that the trial court erred by failing to consider his request to proceed with a bench trial. Dubiso also contends that the State failed to present evidence establishing the corpus delicti of the crimes of which he was convicted. Finding no error, we affirm. In early May 2016, Julia Brooker travelled from her home in Nevada to visit her friend, Kristyn Graham, in Federal Way. On May 2, Brooker took public transportation to downtown Seattle to sight-see. Brooker decided to return to Federal Way around 2:00 pm. Unfortunately, Brooker took the wrong bus and ended up in Auburn. Brooker eventually transferred to a bus heading toward Federal Way. No. 76076-9-1/2 When Brooker finally reached Federal Way,she decided to stop by a grocery store and purchase ingredients to make dinner for Graham and herself. Brooker exited the bus, walked across a parking lot, and entered Fred Meyer. Brooker observed a man—later identified as Biniam Dubiso—exit the bus at the same stop as her. Brooker observed Dubiso follow her through the parking lot and into Fred Meyer. Brooker walked through the store and went into the restroom, where she spent a few extra minutes charging her cell phone. Brooker then plugged her cell phone into an outlet in the hallway outside of the restroom. After waiting a while for her phone to charge, Brooker decided to shop for groceries. Brooker noticed that Dubiso "kind of kept randomly popping up" around the store, but that "it appeared as if he was shopping himself."• Brooker decided to charge her cell phone one last time before exiting the store. Brooker found an outlet near the store entrance and waited there for several minutes for her cell phone to charge. While she was waiting for her phone to charge, Brooker observed Dubiso standing just outside of the front doors, looking into the parking lot. Brooker assumed that Dubiso must have been waiting for a ride. Brooker sent a text message to Graham, letting Graham know that she was about to leave the store. As Brooker began to walk through the parking lot, she realized that Dubiso was behind her. Dubiso followed Brooker through the parking lot and across the street. Brooker grew concerned and began to walk faster, but Dubiso picked up his pace and continued to follow her. Brooker 2 No. 76076-9-1/3 abruptly changed the direction that she was walking and cut across a patch of grass, but Dubiso continued to follow her. Brooker was frightened and believed that Dubiso intended to hurt her. Brooker ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals