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STATE v. ORTEGA-MARTINEZ

No. 60412-6.

124 Wn.2d 702 (1994)

881 P.2d 231

THE STATE OF WASHINGTON, Respondent, v. ALEJANDRO ORTEGA-MARTINEZ, Petitioner.

The Supreme Court of Washington, En Banc.

September 29, 1994.

Attorney(s) appearing for the Case

Andrew P. Zinner of Washington Appellate Defender Association, for petitioner.

Dave Needy, Prosecuting Attorney, for respondent.

Lewis M. Schrawyer on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for petitioner.

Donald C. Brockett, Prosecuting Attorney for Spokane County, and Kevin M. Korsmo, Deputy; C. Danny Clem, Prosecuting Attorney for Kitsap County, and Pamela B. Loginsky, Deputy, amici curiae for respondent.

UTTER, J.

Petitioner Alejandro Ortega-Martinez seeks reversal of an unpublished Court of Appeals decision affirming his conviction for second degree rape. A jury unanimously convicted Ortega-Martinez of second degree rape, but did not specify by which of two alternative means he committed the rape. Ortega-Martinez appealed, arguing he was entitled to a showing the jury unanimously agreed on the means by which he committed...

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