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STATE v. WEISBERG

No. 14114-1-II.

65 Wn. App. 721 (1992)

829 P.2d 252

THE STATE OF WASHINGTON, Respondent, v. SHELDON WEISBERG, Appellant.

The Court of Appeals of Washington, Division Two.

May 19, 1992.

Attorney(s) appearing for the Case

Steven W. Thayer (Marc R. Kadish, of counsel), for appellant.

Arthur D. Curtis, Prosecuting Attorney, and Jeannie M. Bryant, Deputy, for respondent.

SEINFELD, J.

Sheldon Weisberg challenges his jury conviction of rape in the second degree, contending that the State failed to prove that he used "forcible compulsion", an essential element of the crime. Weisberg also appeals the trial court's denial of his motion for a psychiatric examination of the mentally retarded victim.1 We agree that forcible compulsion was not proved.

Weisberg...

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