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STATE v. DeSANTIAGO

Nos. 18743-8-III, 18747-1-III, 18759-4-III, 18776-4-III, 18809-4-III.

33 P.3d 394 (2001)

108 Wash.App. 855

STATE of Washington, Respondent, v. Armando Mayorga DeSANTIAGO, Enrigue DeSantiago, Pedro Mendoza Caranza, Victor Carrillo Diaz, Elpidio Ramirez Reyes, Appellants. State of Washington, Appellant, v. Armando Mayorga DeSantiago, Respondent.

Court of Appeals of Washington, Division 3, Panel Nine.

Reconsideration Denied October 30, 2001.

Attorney(s) appearing for the Case

Antonio Salazar, Russell Abrutyn, Seattle, for Appellants in No. 18743-8-III and Respondents in No. 19063-3-III.

John D. Knodell, III, Pros. Atty., Ephrata, for Respondents in No. 18743-8-III and Appellants in No. 19063-3-III.

KURTZ, Chief Judge.

After two trials, Armando DeSantiago, Enrigue DeSantiago, Pedro Caranza, Victor Diaz, and Elpidio Reyes were convicted of first degree kidnapping. The jury returned special verdicts finding that the defendants were armed with a deadly weapon and a firearm at the time of the kidnapping. Three issues are raised in this consolidated appeal. First, did the court err by admitting the prior testimony of three witnesses based on their unavailability at...

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