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STATE v. SMITH

No. 51344-9.

106 Wn.2d 772 (1986)

725 P.2d 951

THE STATE OF WASHINGTON, Respondent, v. PHILLIP ARTHUR SMITH, Petitioner.

The Supreme Court of Washington, En Banc.

October 2, 1986.

Attorney(s) appearing for the Case

Julie A. Kesler of Washington Appellate Defender Association, for petitioner.

Norm Maleng, Prosecuting Attorney, and Rebecca J. Roe, Deputy, for respondent.

PEARSON, J.

The principal issue presented in this appeal is whether the trial court committed reversible error by admitting, pursuant to ER 404(b), extensive evidence of three burglaries, admittedly committed by the defendant, to prove the identity of the defendant as the perpetrator of three rapes for which no assailant had been positively identified. Over 35 years ago, Justice Hill warned against the admission of such...

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