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STATE v. LEAVITT

No. 18152-1-I.

49 Wn. App. 348 (1987)

743 P.2d 270

THE STATE OF WASHINGTON, Respondent, v. ROBERT K. LEAVITT, Appellant.

The Court of Appeals of Washington, Division One.

September 21, 1987.

Attorney(s) appearing for the Case

Neil M. Fox of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and Michael Hogan, Deputy, for respondent.

SCHOLFIELD, C.J.

Robert Leavitt appeals his conviction for statutory rape in the first degree and indecent liberties.

FACTS

Leavitt was charged by information with statutory rape and indecent liberties upon his niece, Colleen Vance. At the time of the alleged occurrence in 1985, Colleen, age 6, was in foster placement with Susanne Conway, a relative. Leavitt lived with his wife and two daughters in the same apartment complex as Conway.

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