In re Personal Restraint of: Terry Michael Hoefler, 34684-6

Hoefler petitions for relief from personal restraint after conviction for attempted first degree rape of a child.
Facts involve burglary of a house, taking L.S., an 11-year-old girl, gagging with a bag, removing shorts, and arousing at a showup.
Trial established he unlawfully entered, abducted L.S., and engaged in conduct directed at sexual intercourse with a child.
Direct appeal addressed sufficiency of the charging document and the substantial step element; court held evidence supported substantial step.
PRP raises a different sufficiency-of-evidence argument regarding intent to rape, seeking collateral relief.
Court determines collateral review allows a new sufficiency argument and rejects Hoefler’s claim, dismissing the petition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hoefler may raise a new sufficiency challenge on collateral review.	Hoefler; Khan allows new collateral argument.	State; no new issue without intervening change.	New issue proper on collateral review.
Whether the evidence proves intent to rape L.S.	Hoefler asserts insufficient intent evidence.	State contends evidence supports intent.	Sufficient evidence supporting intent; PRP denied.

State v. Leach, 36 Wn.2d 641 (1950) (discussed traditional standard of review for attempted crimes; facts distinguished)
State v. Jackson, 62 Wn. App. 53 (1991) (affirmed sufficiency of intent; deference to jury on intent; not dicta)
State v. White, 150 Wn. App. 337 (2009) (affirmed conviction; not all steps required to prove intent)
State v. Maupin, 63 Wn. App. 887 (1992) (insufficient evidence for felony murder predicate on rape; contrasts with Hoefler evidence)
In re Pers. Restraint of Khan, 184 Wn.2d 679 (2015) (plurity; collateral review allowed for distinct argument; distinguishable)
In re Pers. Restraint of Yates, 177 Wn.2d 1 (2013) (renewal of issues on collateral review requires justice-grounded justification)