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STATE v. SMITH

No. 25610-0-II.

31 P.3d 1222 (2001)

STATE of Washington, Respondent, v. Wallace Michael SMITH, JR., Appellant.

Court of Appeals of Washington, Division 2.

September 28, 2001.

Attorney(s) appearing for the Case

Jill Landes, Jefferson Co. Pros., Port Townsend, for Respondent.

Kristen A. Reid, Craddock Davis Verser, Port Townsend, for Appellant (Court Appointed).

ARMSTRONG, C.J.

The State charged Wallace Michael Smith, Jr., with first degree rape of a child. At a pretrial hearing, the trial court found that the child victim, J.S., was unavailable due to her emotional state. The court also found that J.S.'s out-of-court statements to various adults were sufficiently reliable and corroborated to admit them under the child hearsay statute, RCW 9A.44.120. Smith would not concede that...

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