STATE v. MAGANAI

No. 18987-9-II.

923 P.2d 718 (1996)

83 Wn.App. 735

The STATE of Washington, Respondent, v. Roberto MAGANAI, Appellant.

Court of Appeals of Washington, Division 2.

As Amended November 1, 1996.


Attorney(s) appearing for the Case

Patti Mhoon, Tacoma, for Appellant.

Barbara L. Corey-Boulet, Pierce County Deputy Pros. Atty., Tacoma, for Respondent.


SEINFELD, Chief Judge.

A jury found Roberto Maganai guilty of attempted first degree rape. The evidence showed that Maganai had pulled his victim from her car and thrown her to the ground, but abandoned the attack after the victim began screaming for help. As the felonious entry of a vehicle is an essential element of first degree rape and as it is a misdemeanor, not a felony, to wrongfully enter a car, we conclude that the...

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