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STATE v. MONTGOMERY

No. 41493-3-I.

974 P.2d 904 (1999)

STATE of Washington, Respondent, v. Robert MONTGOMERY, Appellant.

Court of Appeals of Washington, Division 1.

Reconsideration Denied May 20, 1999.

Attorney(s) appearing for the Case

Michael L. Mittlestat, Washington Appellate Project, Seattle, for Appellant.

Charles W. Lind, King Co. Dep. Prosecutor, Seattle, for Respondent.

BAKER, J.

Robert Montgomery was convicted of first degree child rape. The trial court found that the victim, A.M., was available to testify under RCW 9A.44.120(1). A.M. testified at trial, but much of the State's case was proven through hearsay statements that were admitted under the child hearsay rule.1

Montgomery argues on appeal that A.M. did not testify as required by RCW 9A.44.120(1); that the trial court abused its discretion...

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