STATE v. OWENS

No. 31339-8-I.

78 Wn. App. 897 (1995)

899 P.2d 833

THE STATE OF WASHINGTON, Respondent, v. GREGORY SCOTT OWENS, Appellant.

The Court of Appeals of Washington, Division One.

August 7, 1995.


Attorney(s) appearing for the Case

Nielsen & Acosta, for appellant.

James H. Krider, Prosecuting Attorney, and David F. Thiele, Deputy, for respondent.


GROSSE, J.

Gregory Scott Owens appeals his conviction of two counts of first degree rape of a child and the exceptional sentence imposed. Finding no reversible error, we affirm.

Much of this appeal pertains to the hearsay rules. Because B.K. was over the age of ten when he made the challenged statements, the child hearsay statute, RCW 9A.44.120, does not apply and we are left to wrestle with the evidence rules, particularly the one pertaining to excited utterances...

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