STATE v. LEWIS

No. 63704-1.

927 P.2d 235 (1996)

130 Wash.2d 700

The STATE of Washington, Respondent, v. Ricky Lee LEWIS, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 5, 1996.


Attorney(s) appearing for the Case

Nielsen & Acosta, David B. Koch, Eric J. Nielsen, Seattle, for petitioner.

Norm Maleng, King County Prosecutor, Catherine Hendricks, Theresa L. Fricke and Cynthia Gannett, Deputies, Seattle, for respondent.


GUY, Justice.

A defendant in a criminal action asserts that the State used his pre-arrest silence against him as substantive evidence of his guilt in its case in chief in violation of the Fifth Amendment. We conclude that neither the State's witness nor the prosecutor in argument made any comment on the defendant's pre-arrest silence. We affirm the conviction.

Facts

The State charged Ricky Lee Lewis with the rape of R.M. and with the assault of J...

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