State v. Hanson

Decision Date04 April 2022
Docket Number80046-9-I,82905-0-I
PartiesSTATE OF WASHINGTON, Respondent, v. CHAYCE HANSON, Appellant. In the Matter of the Personal Restraint of Chayce Hanson.
CourtWashington Court of Appeals

UNPUBLISHED OPINION

ORDER DENYING MOTION FOR RECONSIDERATION, WITHDRAWING OPINION, AND SUBSTITUTING OPINION

Appellant Chayce Hanson moved for reconsideration of the opinion filed on February 28, 2022. The panel considered the motion pursuant to RAP 12.4 and determined that the motion should be denied. Additionally, the panel determined that the opinion should be withdrawn and a substitute opinion filed. Now therefore, it is hereby

ORDERED that the motion for reconsideration is denied; and it is further

ORDERED that the opinion filed on February 28, 2022, is withdrawn and it is further

ORDERED that a substitute opinion shall be filed.

Coburn, J.

This review consolidates Chayce Hanson's personal restraint petition (PRP) and his direct appeal of his convictions for rape in the second degree, tampering with a witness, assault in the second degree with sexual motivation, felony hit and run, and vehicular assault. Through a combination of his direct appeal, PRP, and statement of additional grounds Hanson claims (1) the State violated equal protection by charging him with assault in the second degree with intent to commit indecent liberties rather than indecent liberties, (2) sufficient evidence did not support the vehicular assault and felony hit and run convictions, (3) ineffective assistance of counsel, (4) prosecutorial misconduct, and (5) the accumulation of errors affords him a new trial. Hanson waived his charging claim and fails to establish an error affecting a

Citations and pin cites are based on the Westlaw online version of the cited material constitutional right. Sufficient evidence supports the vehicular assault and felony hit and run convictions. His counsel was not ineffective. The prosecutor did not engage in misconduct. Hanson failed to demonstrate an accumulation of errors warranting reversal. Accordingly, we affirm and deny his petition.

FACTS

C.C lived in an apartment with her teenage son in West Seattle. She lived near her friends Crystal Hansen[1] and Crystal's boyfriend, Christopher Alatorre. Alatorre worked a block away at West Seattle Brewing as an operations manager, and C.C. would occasionally visit the brewery.

Chayce Hanson is an owner of a barbeque restaurant, which is next door to West Seattle Brewery. The businesses share a parking lot. Hanson would patronize the brewery semi-regularly. Hanson and C.C. knew each other for a couple of years, and they had previously gone out for drinks in West Seattle.

One evening in February 2017, Hanson ordered a beer at the brewery. Hanson saw C.C. walking by and invited her for a drink. He ordered a beer for her. After about 45 minutes to an hour, they left for the Maharaja restaurant. The brewery bartender was not concerned about their levels of intoxication when they left.

At Maharaja, Hanson introduced C.C. to the bartender as a long-time friend. The bartender observed that they did not appear intoxicated when they arrived. Hanson bought a round of drinks for C.C. and himself. C.C. ordered a "gin soda tall" that she sipped for an hour. C.C. felt buzzed after that one drink. Although someone bought C.C. a shot of tequila, she did not drink it. Later, the bartender observed that C.C. seemed intoxicated and pushed aside drinks, not wanting to drink them. The bartender testified that C.C. suddenly was acting more intoxicated than what she had to drink. C.C. and Hanson left around 11:20 p.m. Video footage shows C.C. unable to walk in a straight line and stumbling and supported by Hanson as she left Maharaja.

At 11:30 p.m., video footage from the brewery's parking lot depicted Hanson's truck pulling in with C.C. slumped over in the passenger seat. C.C. appeared to be incapacitated, limp to the touch, not functional or moving, and unresponsive. Hanson physically propped her up, put his hand inside her jacket and below her waist, and kissed her. C.C. was mostly unresponsive except for an attempt at pushing away Hanson's hand. C.C. testified that she had no recollection of this event, did not consent to it, and found it offensive after watching the video.

Alatorre testified to what Hanson later told him happened next regarding the collision. Sometime after Hanson left the parking lot, he was driving around a roundabout a few blocks away, C.C. flopped over, Hanson lost control, and he crashed his truck into a rock wall. Alatorre said Hanson explained he was "slightly buzzed" and "made a mistake." According to C.C., Hanson later told her he was "really wasted," should not have been driving, and that C.C. "hit her head on the windshield." The damage to the truck included a spider web crack on the windshield in front of where C.C. was seen sitting when Hanson left the brewery.

After the collision, Hanson left the scene without reporting the accident or calling for help.

The next morning, C.C. woke up to Hanson having sex with her in his apartment. C.C. testified that she woke up really confused and unable to speak despite wanting to tell Hanson to stop and that she wanted to go. C.C. had no recollection of anything that occurred between being at Maharaja and waking up in Hanson's bed while he was penetrating her. Blood matching C.C.'s deoxyribonucleic acid (DNA) was later found on a pillow in Hanson's bedroom.

Around 9:00 a.m., C.C.'s son called her on the phone. C.C.'s voice was choppy, she stuttered, and she could not fully understand what he was saying to her. Her son described C.C. as having "serious mental difficulty speaking[.]"

C.C. could not find all of her clothes before she left Hanson's apartment and wore only pants and shoes with her coat. She did not put more clothes on because she "didn't understand how to do that" and wanted to get home. Although she remembered leaving Hanson's apartment, she did not remember the walk home. C.C.'s bra and shirt were later found on her front porch. Because C.C. did not have her phone or keys, she went to Crystal's apartment. Crystal testified that C.C. could not speak well and had almost "zero communication ability." C.C. was able to communicate that she needed to go to the hospital, but she could not say anything else. She had dried blood on her face and hands, and her face was swollen.

Crystal took C.C. to the nearby hospital. C.C. had difficulty communicating with the doctors. So instead, they asked her to write down what she was experiencing, but she was only able to repeatedly write her name. An ambulance then took C.C. and Crystal to Harborview Medical Center (Harborview).

An obstetrics/gynecology doctor (OB/GYN) at Harborview examined C.C. as part of a sexual assault examination that evening. The OB/GYN observed that C.C. was having physical and neurological issues. C.C. remembered that she had been with a man but not the details of what occurred or how she was injured.

A sexual assault nurse examiner also examined C.C. C.C. had significant word-finding difficulty. The examiner testified that C.C. was able to convey that she had sex with a man when she did not want to. C.C. also told the examiner that at the time C.C. could not talk, but she just wanted it to be done. Later, a DNA analysis of the semen recovered from a swab of C.C.'s perineal vulvar matched Hanson's DNA.[2]

Doctors determined C.C. had suffered an ischemic stroke in the area of her left frontal lobe, which was consistent with her communication problems. The cause of the stroke was contested at trial. The director of the comprehensive stroke center at Harborview, where C.C. was examined and treated, testified that, without any other compelling causes, trauma was the best assessment as the cause of C.C.'s stroke. A defense expert, managing partner of Neurological Associates of Washington, who did not examine C.C., testified that there was a "50/50 chance" that C.C.'s stroke was caused by a carotid web, which is an abnormality in the inside wall of the carotid artery.

About five days after the incidents, the police executed a search warrant on Hanson's truck, which had extensive damage to the front left corner. Swabs were taken from the inside surface of the smashed windshield. A detective also took samples from inside the truck, the seat and the passenger door, that he believed might be blood. The swab from the seat was not tested. A forensic scientist later matched C.C.'s DNA to the blood swab from the passenger door.

About two months later, Hanson saw C.C. walking by in the neighborhood and spent over an hour and half trying to convince her to sign a notarized statement that Hanson did not rape her. C.C. testified she was scared and that she told Hanson, in order to get out of the confrontation, she would meet him the next day. She immediately called a detective when she got inside her apartment. While she was on the phone with the detective, Hanson started pounding on her door, and C.C. was scared he would break in. She felt compelled to answer the door.

C.C followed instructions from the detective to put her cell phone in her pocket with the detective on the line. The detective then used another phone to call 911 and relay what was happening and what she could hear in live time. C.C. said Hanson was getting more and more agitated because the phone number C.C. gave him was wrong, so he tried to get C.C. to say something on his phone camera. At trial, part of the 911 recording was admitted.[3] The jury heard the detective tell the 911 dispatcher that she heard Hanson tell [C.C.] what he could lose if she does not help him and that he said, "I'm going to fucking prison. I'm going to fucking prison...

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