STATE v. N.S.

No. 43225-7-I.

991 P.2d 133 (2000)

98 Wash.App. 910

STATE of Washington, Respondent, v. N.S., D.O.B. 12/23/82, Appellant.

Court of Appeals of Washington, Division 1.

January 18, 2000.


Attorney(s) appearing for the Case

Antonio Salazar, Seattle, for Appellant, on appeal.

David Lehan Ryan, Deputy King County Prosecutor, Seattle, for Respondent, on appeal.


BAKER, J.

N.S. was charged in juvenile court with rape in the third degree. The court found N.S. guilty of the lesser included offense of attempted rape in the third degree even though the statute of limitations for that crime had run. Because we hold that a defendant cannot be convicted of a lesser offense upon a prosecution for a greater crime commenced after the statute has run on the lesser offense, we reverse and dismiss.

I

N.S. was charged...

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