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STATE v. DATIN

No. 8966-1-II.

45 Wn. App. 844 (1986)

729 P.2d 61

THE STATE OF WASHINGTON, Appellant, v. JOE M. DATIN, Respondent.

The Court of Appeals of Washington, Division Two.

October 21, 1986.

Attorney(s) appearing for the Case

C. Danny Clem, Prosecuting Attorney, and Patrice E. Vlaming, Deputy, for appellant.

John H. McGilliard and Crawford, McGilliard, Peterson & Yelish, for respondent.

REED, A.C.J.

The sole issue in this case is whether the defendant should have been charged with first degree incest instead of first degree statutory rape where the victim is his 10-year-old stepdaughter. We reverse and remand for trial.

In May of 1985, the defendant was charged with first degree statutory rape, a violation of RCW 9A.44.070(2). The charge arose out of alleged sexual contact with his 10-year-old

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