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STATE v. SWAGERTY

No. 11696-1-II.

60 Wn. App. 830 (1991)

810 P.2d 1

THE STATE OF WASHINGTON, Respondent, v. ALLEN WARREN SWAGERTY, Appellant.

The Court of Appeals of Washington, Division Two.

April 11, 1991.

Attorney(s) appearing for the Case

Brian P. Coughenour, appointed counsel for appeal, for appellant.

David H. Bruneau, Prosecuting Attorney, for respondent.

MORGAN, J.

Allen Swagerty appeals his conviction for statutory rape in the first degree. We affirm.

On September 24, 1987, Debra Macks and her 5-year-old daughter visited Allen Swagerty, his wife and children. Macks and Swagerty consumed alcohol and marijuana, and both became intoxicated. Macks then went home, leaving her daughter with the Swagerty family. When Macks returned, the daughter said that Swagerty had raped her.

Within a short time, Swagerty...

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