271 P.3d 892 (Wash. 2012), 86427-6, State v. Hahn

Docket Nº86427-6.
Citation271 P.3d 892, 174 Wn.2d 126
Opinion JudgePER CURIAM.
Party NameThe STATE of Washington, Petitioner, v. Aaron Michael HAHN, Respondent.
AttorneyBrian Patrick Wendt, Clallam County Prosecutor's Office, Port Angeles, WA, for Petitioner. Manek R. Mistry, Jodi R. Backlund, Backlund & Mistry, Olympia, WA, for Respondent.
Case DateMarch 15, 2012
CourtSupreme Court of Washington

Page 892

271 P.3d 892 (Wash. 2012)

174 Wn.2d 126

The STATE of Washington, Petitioner,

v.

Aaron Michael HAHN, Respondent.

No. 86427-6.

Supreme Court of Washington, En Banc.

March 15, 2012

Considered March 8, 2012.

Brian Patrick Wendt, Clallam County Prosecutor's Office, Port Angeles, WA, for Petitioner.

Manek R. Mistry, Jodi R. Backlund, Backlund & Mistry, Olympia, WA, for Respondent.

PER CURIAM.

[174 Wn.2d 127] ¶ 1 Aaron Hahn asked someone to make a girl " disappear" or appear as if she " never existed" or " just be gone." Hahn was convicted of solicitation to commit first degree murder. The Court of Appeals reversed the conviction, holding that Hahn was entitled to a jury instruction on the lesser included offense of solicitation to commit fourth degree assault. Because the evidence did not support such an instruction, we grant the State's petition for review and reverse the Court of Appeals.

¶ 2 Hahn was charged with four counts of third degree child rape, sexual exploitation of a minor, possession of depictions of minors engaged in sexually explicit conduct, and stalking. The complaining witness was S.M. While confined in jail awaiting trial, Hahn mentioned to another inmate, Mike Hendrickson, that he wished S.M. were dead and that he would hurt her. Hahn asked Hendrickson if he knew anyone who could " get to" S.M., but Hendrickson said he could not help. Report of Proceedings (Oct. 26, 2009) at 92. Hahn then asked inmate Norman Livengood if he had any mafia connections, stating that he wanted someone hurt or killed. Livengood related the encounter to

Page 893

the police and agreed to cooperate in the resulting investigation. The [174 Wn.2d 128] police obtained a warrant and wired Livengood to record his conversations with Hahn.

¶ 3 Livengood told Hahn that he was going to call " Miguel" (an undercover police officer) about Hahn's request. Among the remarks Hahn made to Livengood were that he wanted S.M. to " disappear," that he wanted her to " [d]isappear, make it look like she didn't exist," and that he wanted to " [m]ake it look like she never existed." Ex. 41, at 6. Hahn wondered whether Miguel would ask him to " knock somebody off" in return for making S.M. disappear. Id. at 10. Hahn did not disagree with Livengood's statement that Hahn was asking Miguel to do the same thing. Later in the conversation, Livengood asked Hahn again what he wanted " done to the girl." Id. at 13. Hahn replied, " Disappear." Id. Livengood asked, " You just want her to disappear?" Id. Hahn responded, " Just say that, yep." Id. He then explained, " That's discreet enough that the cops won't figure it out but [Miguel]'ll know what I'm talking about." Id. Livengood later gave Hahn Miguel's telephone number and told Hahn to call Miguel and discuss the details.

¶ 4 Hahn called Miguel and told him...

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12 practice notes
  • 316 P.3d 1266 (Ariz.App. Div. 2 2014), 2 CA-CR 2012-0273, State v. Inzunza
    • United States
    • Arizona Court of Appeals of Arizona
    • 27 Enero 2014
    ...that harm.’ " Id. , quoting State v. Walden, 67 Wash.App. 891, 841 P.2d 81, 83 (1992); accord State v. Hahn, 174 Wash.2d 126, 271 P.3d 892, 893 (2012); State v. Frohs, 83 Wash.App. 803, 924 P.2d 384, 390 (1996). These definitions specify different manners or methods of committing the c......
  • State v. Smith, 040417 WACA, 48138-3-II
    • United States
    • Washington Court of Appeals of Washington
    • 4 Abril 2017
    ...little or no bodily harm, committed without a deadly weapon - so-called simple assault." State v. Hahn, 174 Wn.2d 126, 129, 271 P.3d 892 (2012). Under the factual prong, the parties seem to agree that an inferior degree instruction would have been appropriate based ......
  • State v. Fisher, 052912 WACA, 66133-7-I
    • United States
    • Washington Court of Appeals of Washington
    • 29 Mayo 2012
    ...5, we need not consider Fisher's objections to the jury instruction. We affirm the judgment and sentence. Notes: [1] State v. Hahn, Wn.2d, 271 P.3d 892, 893 (2012) (citing State v. Workman, 90 Wn.2d 443, 447-48, 584 P.2d 382 (1978)). [2] State v. Walker, 136 Wn.2d 767, 771-72, 966 P.2d 883 ......
  • State v. McCourt, 012021 WACA, 53367-7-II
    • United States
    • Washington Court of Appeals of Washington
    • 20 Enero 2021
    ...RCW 9A.36.041(1)3. An "assault" includes unlawfully touching another with criminal intent. State v. Hahn, 174 Wn.2d 126, 129, 271 P.3d 892 In other words, second degree assault requires an intentional assault and both reckless conduct and substantial bodily ......
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12 cases
  • 316 P.3d 1266 (Ariz.App. Div. 2 2014), 2 CA-CR 2012-0273, State v. Inzunza
    • United States
    • Arizona Court of Appeals of Arizona
    • 27 Enero 2014
    ...that harm.’ " Id. , quoting State v. Walden, 67 Wash.App. 891, 841 P.2d 81, 83 (1992); accord State v. Hahn, 174 Wash.2d 126, 271 P.3d 892, 893 (2012); State v. Frohs, 83 Wash.App. 803, 924 P.2d 384, 390 (1996). These definitions specify different manners or methods of committing the c......
  • State v. Smith, 040417 WACA, 48138-3-II
    • United States
    • Washington Court of Appeals of Washington
    • 4 Abril 2017
    ...little or no bodily harm, committed without a deadly weapon - so-called simple assault." State v. Hahn, 174 Wn.2d 126, 129, 271 P.3d 892 (2012). Under the factual prong, the parties seem to agree that an inferior degree instruction would have been appropriate based ......
  • State v. Fisher, 052912 WACA, 66133-7-I
    • United States
    • Washington Court of Appeals of Washington
    • 29 Mayo 2012
    ...5, we need not consider Fisher's objections to the jury instruction. We affirm the judgment and sentence. Notes: [1] State v. Hahn, Wn.2d, 271 P.3d 892, 893 (2012) (citing State v. Workman, 90 Wn.2d 443, 447-48, 584 P.2d 382 (1978)). [2] State v. Walker, 136 Wn.2d 767, 771-72, 966 P.2d 883 ......
  • State v. McCourt, 012021 WACA, 53367-7-II
    • United States
    • Washington Court of Appeals of Washington
    • 20 Enero 2021
    ...RCW 9A.36.041(1)3. An "assault" includes unlawfully touching another with criminal intent. State v. Hahn, 174 Wn.2d 126, 129, 271 P.3d 892 In other words, second degree assault requires an intentional assault and both reckless conduct and substantial bodily ......
  • Request a trial to view additional results