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STATE v. JOHNSON

No. 8253-5-II.

45 Wn. App. 794 (1986)

727 P.2d 693

THE STATE OF WASHINGTON, Appellant, v. ALBERT WAYNE JOHNSON, Respondent.

The Court of Appeals of Washington, Division Two.

November 3, 1986.

Attorney(s) appearing for the Case

William H. Griffies, Prosecuting Attorney, Chris Quinn-Brintnall, Senior Deputy, and Barbara L. Corey-Boulet, Deputy, for appellant.

Michael R. Johnson, for respondent (appointed counsel for appeal).

WORSWICK, C.J.

The State appeals dismissal of second degree rape charges against Albert Wayne Johnson at the close of the State's case. The trial court held that the situs of the crime in Pierce County had not been established. Johnson counters that even if the dismissal was incorrect, double jeopardy principles bar another trial. We reverse and remand for retrial.

Only the evidence of situs is relevant to the issues. The victim testified that she had been...

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