STATE v. SUMMERS

No. 28051-1-I.

70 Wn. App. 424 (1993)

853 P.2d 953

THE STATE OF WASHINGTON, Respondent, v. JOHN L. SUMMERS, Appellant.

The Court of Appeals of Washington, Division One.

June 28, 1993.


Attorney(s) appearing for the Case

Irene Tanabe of Washington Appellate Defender Association, for appellant.

Norm Maleng, Prosecuting Attorney, and John L. Belatti, Deputy, for respondent.


FORREST, J.

John L. Summers appeals his conviction of one count of second degree rape and sentence of 27 months claiming: (1) expert testimony was required to establish the existence of the victim's mental incapacity and the causation between mental incapacity and the lack of understanding of the sexual acts, (2) the evidence was insufficient to support the conviction, and (3) the trial court erred in excluding testimony of the victim's past sexual behavior. We affirm...

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