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STATE v. ROHRICH

No. 64452-7.

939 P.2d 697 (1997)

132 Wash.2d 472

The STATE of Washington, Respondent, v. Gregory Michael ROHRICH, Appellant.

Supreme Court of Washington, En Banc.

Decided July 3, 1997.

Attorney(s) appearing for the Case

James Kaufman, Whitman County Prosecutor, Colfax, for the State.

Charles S. Dorn and Brian O'Brien, Spokane, for Appellant.

SANDERS, Justice.

The question is whether a child "testifies" for purposes of the child hearsay statute, RCW 9A.44.120(2)(a), when the child is called to the stand yet is not asked and does not answer any questions relating to the occurrences alleged in the hearsay. We conclude a child does not "testify" as referenced in the statute when she does not give testimony describing the acts of sexual contact alleged in the hearsay. Accordingly, we affirm the

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