STATE v. COPELAND

No. 20190-9-II.

949 P.2d 458 (1998)

89 Wash.App. 492

STATE of Washington, Respondent and Cross Appellant, v. Melvin K. COPELAND, Appellant.

Court of Appeals of Washington, Division 2.

January 16, 1998.


Attorney(s) appearing for the Case

Mark W. Muenster, Vancouver, for Appellant (Court Appointed).

Susan Irene Baur, Cowlitz County Deputy Prosecuting Attorney, Kelso, for Respondent.


BRIDGEWATER, Judge.

Melvin Copeland appeals his conviction for second degree rape, and the State cross-appeals the trial court's failure to sentence Copeland as a persistent offender. We hold that the trial court abused its discretion when it denied Copeland a new trial because the State failed to disclose a felony conviction of the complaining witness. We reverse and remand for new trial.

In April 1995, Copeland fled to Virginia under an assumed name when...

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