Lachance v. State

• Decision Date: 03 April 2014
• Docket Number: No. 62129.,62129.
• Citation: 130 Nev. Adv. Op. 29,321 P.3d 919
• Parties: Darren Gabriel LaCHANCE, Appellant, v. The STATE of Nevada, Respondent.
• Court: Nevada Supreme Court

321 P.3d 919

130 Nev. Adv. Op. 29

Darren Gabriel LaCHANCE, Appellant,

v.The STATE of Nevada, Respondent.

No. 62129.

Supreme Court of Nevada.

April 3, 2014.

Richard F. Cornell, Reno, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Terrence P. McCarthy, Deputy District Attorney, Washoe County, for Respondent.

BEFORE HARDESTY, PARRAGUIRRE and CHERRY, JJ.

OPINION

By the Court, CHERRY, J.:

In this opinion, we address whether the charge of possession of a controlled substance is a lesser-included offense of possession of a controlled substance for the purpose of sale. Under the Double Jeopardy Clause, a criminal defendant may not be punished multiple times for the same offense unless the Legislature has clearly authorized the punishments. Missouri v. Hunter, 459 U.S. 359, 366, 103 S.Ct. 673, 74 L.Ed.2d 535 (1983). Because we conclude that possession of a controlled substance is a lesser-included offense of possession of a controlled substance for the purpose of sale, we conclude that appellant may not be punished for both crimes. To remedy the double-jeopardy violation, we look to the range of punishment for the principal offenses and reverse the conviction with the lesser penalty. Based on appellant's criminal history, we conclude that simple possession was the less severely punishable offense, and we, accordingly, reverse that conviction. However, we affirm the remainder of the judgment of conviction, including the adjudication of appellant as a habitual criminal.

FACTS

After Darren LaChance returned home from a three-day gambling binge, he and his girlfriend, Starleen Lane, got into an argument in the early hours of the morning. Their roommate, Conrad Coultre (CJ), also became involved in the argument later that morning. Lane testified that after LaChance and CJ started arguing, LaChance hit her on the right side of her forehead with a flashlight. Then, after CJ left for work, LaChance grabbed her by the arm and flung her into the bedroom while yelling, belittling, and threatening to kill and maim her. He began to punch and slap her face and ear, threw her on the bed, and got on top of her with his knee on her chest and his hand around the lower part of her neck. LaChance used his body weight to put pressure on her chest and lower neck. Lane had difficulty breathing and saw stars because of the pressure and because of her fear and anxiety. After Lane started to scream, LaChance covered her mouth with his hand.

Lane further stated that LaChance repeatedly slapped her ear, and it “just went blank.” She could no longer hear and became immediately nauseous. Lane was able to roll into a fetal position while he kicked her in the shins and tailbone and hit her with the flashlight. When she tried to get up, LaChance stomped on her feet.

According to Lane, LaChance eventually left the room, and Lane opened the patio door, jumped off the balcony, and fled with LaChance chasing her. LaChance caught up to her but, after a neighbor yelled that she was calling the cops, LaChance fled to Lane's car and drove off without her permission. The neighbor testified that she saw LaChance beating Lane, and after she yelled at him, he ran off. The neighbor then called the police. Lane waited for the police to arrive, and she made a report before going to the hospital.

At the hospital, Lane was treated for multiple contusions on her face, back, legs, feet, and ear. She suffered pain in that ear and tenderness in her neck, abdomen, pelvis, and extremities. Lane stated that she was immobile for a few days afterward. She has permanent shin splints and can no longer run. Due to her tailbone injuries, she is unable to sit for long periods of time. Lane testified that she suffers from hearing loss and ongoing pain. But, due to a lack of medical insurance, she does not go to the doctor for these problems.

Lane testified that following the assault, she received a number of intimidating text messages from LaChance, indicating that she needed to make the case go away. Lane decided not to press charges out of fear.

About a week after the incident, Lane met with LaChance at a Motel 6. She indicated that the detectives knew of their meeting as her phones were tapped. Lane stayed with LaChance at the motel for two nights.

On the second morning, Lane stated that she left the motel room to smoke a cigarette, rounded the corner, and ran into a group of police officers looking for LaChance. They had established a perimeter when Lane happened upon them. Lane granted consent to the police to enter and search the motel room. Detective Curtis English testified that LaChance did not immediately exit the motel room and was alone in the room for approximately 10 minutes.

When police finally searched the room, they found marijuana floating in the toilet and plastic bags. Police obtained a warrant to search LaChance's duffel bags for controlled substances as the result of a canine alert. Detective English testified that they found approximately 4.6 pounds of marijuana and several scales.

LaChance was subsequently charged by way of information with domestic battery by strangulation, domestic battery causing substantial bodily harm, felony possession of a controlled substance for the purpose of sale (NRS 453.337), felony possession of a controlled substance (NRS 453.336), false imprisonment, and unlawful taking of a motor vehicle. He pleaded not guilty to all counts.

The jury ultimately found LaChance guilty on all counts. The State subsequently gave notice on the record of its intent to pursue habitual criminal enhancements due to LaChance's five prior felony convictions. When asked what the State needed to do to meet the statutory requirements to provide notice, defense counsel and the district court agreed that written notice would be sufficient. A notice of habitual criminal enhancement was filed.

In discussing the sentence, the district court noted LaChance's young age, the victim impact statements, the severity of the beating, and the five prior felony convictions. The district court determined that the habitual criminal enhancement applied and adjudicated LaChance as a habitual criminal on two of the principal offenses: domestic battery causing substantial bodily harm and possession of a controlled substance. The district court then sentenced LaChance to 24 to 60 months for domestic battery by strangulation, 10 years to life for domestic battery causing substantial bodily harm, 72 to 180 months for felony possession of a controlled substance for the purpose of sale, 10 years to life for felony possession of a controlled substance, 12 months for false imprisonment, and 12 months for unlawful taking of a motor vehicle. A judgment of conviction was entered. LaChance appealed.

DISCUSSION

Sufficiency of the evidence

We first address LaChance's challenge to the sufficiency of the evidence to support the convictions for domestic battery by strangulation and domestic battery causing substantial bodily harm. Under a challenge to the sufficiency of the evidence, this court reviews the evidence in the light most favorable to the prosecution and determines whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Mitchell v. State, 124 Nev. 807, 816, 192 P.3d 721, 727 (2008) (emphasis and internal quotation marks omitted). The jury is tasked with assessing the weight of the evidence and the witnesses' credibility, id.;Rose v. State, 123 Nev. 194, 202–03, 163 P.3d 408, 414 (2007), and may rely on both direct and circumstantial evidence in returning its verdict, Wilkins v. State, 96 Nev. 367, 374, 609 P.2d 309, 313 (1980).

Domestic battery by strangulation

LaChance contends that there was insufficient evidence of strangulation, and therefore, he could not be convicted of felony battery under NRS 200.485(2). He argues that the strangulation element was only supported by speculation and ambiguous statements and that any difficulty in breathing resulted from Lane's anxiety.

NRS 200.481(1)(a) defines battery as “any willful and unlawful use of force or violence upon the person of another.” See alsoNRS 33.018 (defining acts of domestic violence). When the battery is committed by strangulation, the perpetrator is guilty of a felony rather than a misdemeanor. NRS 200.485(2). The Legislature defined strangulation as “intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.” NRS 200.481(1)(h).

In reviewing the evidence in the light most favorable to the prosecution, we conclude that a rational trier of fact could have found beyond a reasonable doubt that LaChance strangled Lane. The State presented evidence that LaChance placed his knee on Lane's chest and his hands on her clavicle/lower part of her neck and then put pressure on the area, impeding her breathing to the point that her vision was impaired. Depriving Lane of oxygen to the point where she lost vision supports a finding that LaChance applied pressure to Lane's throat or neck in a manner that created a risk of death or substantial bodily harm. Accordingly, we affirm the conviction for domestic battery by strangulation.

Domestic battery causing substantial bodily harm

LaChance also challenges the sufficiency of the evidence supporting the substantial-bodily-harm element of the domestic-battery-causing-substantial-bodily-harm conviction. He also contends that where the substantial-bodily-harm element is based on prolonged pain, the pain must also be substantial, and here it was not.¹

Where a battery results in substantial bodily harm, the battery becomes a felony. SeeNRS 200.485(2); NRS 200.481(2)(b). NRS 0.060 defines substantial bodily harm as “[b]odily injury which creates a substantial risk of death or which...