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STATE v. WHELCHEL

No. 56809-0.

115 Wn.2d 708 (1990)

801 P.2d 948

THE STATE OF WASHINGTON, Respondent, v. STEPHEN C. WHELCHEL, Petitioner.

The Supreme Court of Washington, En Banc.

December 6, 1990.

Attorney(s) appearing for the Case

C.E. Hormel and J. Luke McKean, for petitioner.

Paul Klasen, Prosecuting Attorney, and Jerald R. Hamley, Deputy, for respondent.

Robert Goldsmith on behalf of Washington Defender Association, amicus curiae for petitioner.

Seth R. Dawson, Prosecuting Attorney for Snohomish County, and Seth Aaron Fine, Deputy, amici curiae for respondent.

ANDERSEN, J.

FACTS OF CASE

At issue in this case is whether the first degree murder conviction of the defendant, Stephen C. Whelchel, should be reversed because the trial court admitted into evidence tape-recorded statements made by two codefendants who refused to testify at his trial. We affirm the defendant's conviction, but on a different basis than did the Court of Appeals in its unpublished opinion in this case.1

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