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STATE v. WILBURN

No. 10513-6-II.

51 Wn. App. 827 (1988)

755 P.2d 842

THE STATE OF WASHINGTON, Respondent, v. LEON WILBURN, Appellant.

The Court of Appeals of Washington, Division Two.

June 21, 1988.

Attorney(s) appearing for the Case

Dianna Timm Adams, for appellant (appointed counsel for appeal).

C. Danny Clem, Prosecuting Attorney, and Irene Cleavenger, Deputy, for respondent.

WORSWICK, J.

Leon Wilburn raised three assignments of error in this appeal from his conviction of second degree rape. The State filed no brief, and was precluded from offering oral argument by an order entered by our Commissioner. RAP 11.2(2). It is necessary, therefore, that we now consider not only the merits of Wilburn's contentions, but the present state of the law governing an appeal in which the respondent has defaulted.

CAROA 41(3), applicable before...

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