State v. Hyder, 244 P.3d 454

Hyder was convicted of second degree child molestation and second degree incest involving his daughter Evelyn, after prior CPS reports and therapist testimony.
The State obtained Hyder’s treatment records via a search warrant, and Hyder’s therapists testified about his admissions of abuse.
The State relied on two statutory aggravating factors to support an exceptional sentence: ongoing pattern of abuse and use of position of trust.
A juror who was unsworn during voir dire was seated; Hyder waived any objection to juror 25’s seating.
Hyder argued the trial court erred in sentencing, including whether the offender score properly included a 1986 court-martial conviction.
On remand, the trial court entered written findings; the court imposed an exceptional sentence but the judgment failed to expressly cap total confinement and community custody within the statutory maximum, requiring remand for clarification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of therapists' testimony	Hyder argues therapist-patient privilege barred testimony.	Hyder contends privilege survives mandatory reporting; Warner controls.	Therapist testimony properly admitted; privilege trumped by RCW 26.44.030.
Procedural handling of CPS file and in camera review	Failure to conduct in camera review prejudiced Hyder.	Invited error; defense agreed to counsel review of CPS file.	Hyder waived challenge; procedure not reversible error.
Use of search warrant for medical/therapy records	Warrants circumvent health information procedures.	Warrant appropriate; other procedures are not exclusive.	Warrant procedure permissible; no abuse of process shown.
Juror 25 seating and objection	Unsworn voir dire of juror 25 improper; potential reversible error.	Hyder waived objection; Tharp guidance controls.	Hyder waived; no reversible error.
Offender score inclusion of court-martial and exceptional-sentence reasons	Court-martial should be excluded; Blakely implications unsettled.	Morley controls; court-martial convictions count toward offender score.	Morley controls; court-martial properly included; reasons substantial and compelling.
Remand for clarification of total sentence within statutory maximum	Total confinement plus community custody exceeds statutory maximum.	Brooks dictates remand for explicit cap of combined term.	Remand required to clarify that confinement and community custody do not exceed maximum; otherwise affirmed.

State v. Warner, 125 Wash.2d 876 (1995) (RCW 26.44.030 overrides counselor-pt privilege in child abuse cases)
State v. Ackerman, 90 Wash. App. 477 (1998) (RCW 26.44.030 prevails over counselor-patient privilege; waiver by releases supports admission)
State v. Ritchie, 480 U.S. 39 (1987) (in camera review required for sensitive files in criminal cases)
State v. Miles, 160 Wash.2d 236 (2007) (warrant process protects privacy; alternative discovery mechanisms exist)
State v. Morley, 134 Wash.2d 588 (1998) (court-martial convictions count toward offender score; sex offenses included)
State v. Brooks, 166 Wash.2d 664 (2009) (remand for explicit limitation that confinement plus custody not exceed maximum)
State v. Hale, 146 Wash. App. 299 (2009) (three-prong analysis for substantial and compelling reasons; treat oral findings on remand)
In re Personal Restraint of Brooks, 166 Wash.2d 664 (2009) (explicitly rejects indeterminate sentence argument when combining confinement and custody)
State v. Alvarado, 164 Wash.2d 556 (2008) (Blakely preserves judge’s role in determining substantial and compelling reasons)