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STATE v. TOBIAS

No. 11421-6-II.

53 Wn. App. 635 (1989)

769 P.2d 868

THE STATE OF WASHINGTON, Petitioner, v. BRYAN ATKINSON TOBIAS, Respondent.

The Court of Appeals of Washington, Division Two.

March 17, 1989.

Attorney(s) appearing for the Case

John W. Ladenburg, Prosecuting Attorney, and Barbara L. Corey-Boulet, Deputy, for petitioner.

Kevin J. Yanasak, for respondent.

ALEXANDER, C.J.

Bryan A. Tobias was charged in Pierce County Superior Court with the crimes of first degree statutory rape and indecent liberties. Ten-year-old B.C. was the alleged victim of the offenses.

Tobias pleaded not guilty. Before trial, Tobias moved to compel a psychiatric evaluation of B.C. The trial court conducted a hearing on Tobias's motion and, thereafter, entered findings of fact as follows:

I That [B.C.], ten years of age...

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