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STATE v. GITCHEL

No. 14454-5-I.

41 Wn. App. 820 (1985)

706 P.2d 1091

THE STATE OF WASHINGTON, Respondent, v. FRANK I. GITCHEL, Appellant.

The Court of Appeals of Washington, Division One.

September 23, 1985.

Attorney(s) appearing for the Case

James E. Lobsenz of Washington Appellate Defender Association, for appellant.

Seth Dawson, Prosecuting Attorney, and S. Aaron Fine, Deputy, for respondent.

COLEMAN, J.

Frank Gitchel appeals from his conviction for first degree statutory rape of his 3-year-old daughter, who is referred to herein as "R". Gitchel alleges that the trial court erred in finding the child to be incompetent to testify and in admitting her hearsay statements under RCW 9A.44.120, Washington's child victim hearsay exception.1

[1] Although Gitchel did not raise the issue of jury unanimity at trial...

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