STATE v. ROHRICH

No. 72540-3.

71 P.3d 638 (2003)

149 Wash.2d 647

STATE of Washington, Petitioner, v. Gregory Michael ROHRICH, Respondent.

Supreme Court of Washington, En Banc.

Decided June 19, 2003.


Attorney(s) appearing for the Case

James Henry Kaufman, Spokane, Pamela Beth Loginsky, Washington Assoc of Prosecuting Atty, for Petitioner.

John S. Snyder, Snyder Law Office, Pullman, for Respondent.


OWENS, J.

At issue is whether the trial court properly dismissed under CrR 8.3(b) a first degree child molestation charge filed 18 months after the apparent completion of the investigation. The Court of Appeals affirmed the dismissal on the grounds that, as a result of the preaccusatorial delay in charging the defendant, witnesses' memories could have faded, thereby prejudicing the defendant's right to a fair trial. Because we agree with the State's position that...

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