State v. Hanson

Chayce Hanson appealed his conviction for second degree felony murder predicated on assault for the death of 34-month-old Nenah Walters. This court accepted direct review.

The primary issue in this case is whether Hanson’s conviction for second degree felony murder should be vacated in light of this court’s decision in In re Personal Restraint of Andress, 147 Wn.2d 602, 56 P.3d 981 (2002). In Andress this court held that a conviction for second degree felony murder could not be based upon a predicate crime of assault. We hold that Andress applies prospectively to include cases not final under…