STATE v. BUTLER

No. 19608-1-I.

53 Wn. App. 214 (1989)

766 P.2d 505

THE STATE OF WASHINGTON, Respondent, v. GREGORY LOUIS BUTLER, Appellant.

The Court of Appeals of Washington, Division One.

January 17, 1989.


Attorney(s) appearing for the Case

Marc R. Lampson of Washington Appellate Defender Association, for appellant.

Seth R. Dawson, Prosecuting Attorney, and Paul Stern and Seth Aaron Fine, Deputies, for respondent.


COLEMAN, C.J.

Gregory Butler appeals his conviction for second degree assault, claiming that the trial court erred in admitting the victim's hearsay statement as an excited utterance. Butler also challenges his sentence.

The assault occurred in May 1985 while Butler was looking after 2 1/2-year-old T, the son of his girl friend, Rochelle Reed. T's mother had been living with Butler for several months. She testified that her son referred to Butler as "Daddy...

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