State v. Hultenschmidt

102 P.3d 192, 125 Wash. App. 259
CourtCourt of Appeals of Washington
DecidedDecember 7, 2004
DocketNo. 29209-2-II
StatusPublished
Cited by17 cases

This text of 102 P.3d 192 (State v. Hultenschmidt) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hultenschmidt, 102 P.3d 192, 125 Wash. App. 259 (Wash. Ct. App. 2004).

Opinions

¶1 — William Hultenschmidt appeals his conviction of vehicular homicide, arguing that the trial court erred in admitting a blood sample analysis, excluding a computer-generated animation recreating the accident, and instructing the jury. We reverse and remand.

Houghton, J.

FACTS

¶2 Melvin Sanders’ Buick LeSabre struck Hultenschmidt’s Oldsmobile Cutlass Ciera on the passenger side. Hultenschmidt’s passenger, Sandra Madera, died as a result of the accident.

[261]*261¶3 Port Angeles Police Officer Tyler Peninger investigated the collision. When he arrived at the scene, Peninger could smell alcohol in the area where Hultenschmidt bent over Madera. Peninger spoke with Hultenschmidt who initially denied that he had been drinking, but later admitted that had consumed two to three vodka collins drinks.

¶4 Peninger took Hultenschmidt to Olympic Medical Center to draw blood for alcohol concentration analysis. A technician drew two gray-topped tubes of blood, sealed them with green tape, and gave the tubes to Peninger. Peninger took the tubes to the police department and packaged them for shipment to the Washington State Patrol Crime Laboratory (crime lab).

¶5 After the crime lab analysis revealed a 0.19 blood alcohol content,1 the State charged Hultenschmidt with vehicular homicide2 and vehicular assault.3 A jury heard the matter.

¶6 At trial, Estuardo Miranda, a crime lab toxicologist, testified about the blood sample evidence and crime lab procedure. Miranda set forth his qualifications, training, education and experience and responded, “Yes,” when asked if he had “any permits issued by the State toxicologist.” Report of Proceedings (RP) (May 13, 2002) at 105.

¶7 Miranda explained that he signed for and opened the box containing Hultenschmidt’s blood samples. The box held two gray-topped tubes with intact seals. According to the verbatim report of trial proceedings, Miranda testified that laboratory protocol “suggests” that samples contain “anticoagulant in a preservative, sodium chloride [sic] or [262]*262potoxinoxolate [sic]”4 and that the “tubes that contain those chemicals to preserve the blood are characterized by having a gray top and that’s what seals the tube.” RP (May 13, 2002) at 107. He further testified that sealed gray-topped blood sample tubes contain those chemicals.

¶8 When asked about how blood samples are preserved, he explained that “[w]e suggest that they are—that we receive samples containing anticoagulant in a preservative, sodium chloride [sic] or potoxinoxolate [sic]. The tubes that contain those chemicals to preserve the blood are characterized by having a gray top and that’s what seals the tube.” RP (May 13, 2002) at 107. Miranda testified that “potoxinoxolate [sic] and sodium chloride [sic]” are common anticoagulants. RP (May 13, 2002) at 107. In response to the State asking whether an enzyme poison is required to preserve a blood sample from a human being for blood alcohol analysis, he replied, “[i]t is not required.” RP (May 13, 2002) at 108. The State asked Miranda if “anything else other than an anticoagulant [is] needed to preserve the ethicacy [sic] of a blood sample?” RP (May 13, 2002) at 108. Miranda responded, “No.” RP (May 13, 2002) at 108. Finally, Miranda testified that the sample had not coagulated when he received it.

¶9 Defense counsel asked to voir dire Miranda. Because no question was before the witness, the trial court denied the motion. Defense counsel objected to introducing the blood test results based on lack of foundation. He argued that the crime lab failed to follow proper sample preservation procedures and Miranda did not have a proper state toxicology permit. The court overruled the objection, stating that the objection went to weight of the evidence not to its admissibility.

¶10 Also at trial, Hultenschmidt sought to introduce a computer-generated animation through his accident reconstruction expert. The expert prepared a video animation [263]*263comprising six segments, three depicting the collision with the Sanders vehicle traveling its actual speed, and three depicting the accident with the Sanders vehicle traveling the 25 mph posted speed limit instead of 47.5 mph.5 The animations showed that when Sanders’ vehicle traveled at 25 m.p.h., the accident would not have occurred.

¶11 The court ruled that the three segments depicting the Sanders vehicle traveling 25 mph lacked foundation and were not admissible. For the same reason, the court refused to allow Hultenschmidt’s expert to testify that the collision would not have occurred had Sanders been observing the posted speed limit.

¶12 The jury convicted Hultenschmidt of vehicular homicide and he appeals.

ANALYSIS

Blood Alcohol Sample

¶13 Hultenschmidt first contends that the trial court erred in admitting the blood test results because the State failed to present a prima facie case that the blood sample lab analysis complied with statutory and regulatory provisions. Hultenschmidt raises several evidentiary arguments regarding his blood sample preservation, all stemming from this same premise: that the State failed to show that the blood test conformed with WAC 448-14-020(3)(a) and (b).

¶14 Specifically, Hultenschmidt argues that the court should not have admitted the blood test results because the State made no showing that enzyme poison was present in his blood sample, his blood sample was placed in a chemically clean and dry container, his sample was immediately and appropriately sealed with an inert and leak-proof stopper, or the toxicologist possessed a valid permit for performing blood alcohol tests.

[264]*264f 15 We review a trial court’s evidentiary rulings for abuse of discretion. State v. Stubsjoen, 48 Wn. App. 139, 147, 738 P.2d 306, review denied, 108 Wn.2d 1033 (1987). A court abuses its discretion when it exercises it on untenable grounds or for untenable reasons. State ex rel. Carroll v. Junker, 79 Wn.2d 12, 26, 482 P.2d 775 (1971).

¶16 Our analysis involves interpreting the interplay among various statutes and regulations concerning driving under the influence of intoxicating liquor or drugs and vehicular homicide. RCW 46.61.520(l)(a). Here, the jury convicted Hultenschmidt under the vehicular homicide statute, which provides that:

[T]he driver is guilty of vehicular homicide if the driver was operating a motor vehicle:

(a) While under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502.

RCW 46.61.520(1).

¶17 The vehicular homicide statute refers us to RCW 46.61.502, which provides that:

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State v. Hultenschmidt
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Bluebook (online)
102 P.3d 192, 125 Wash. App. 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hultenschmidt-washctapp-2004.