STATE v. DELGADO

No. 46166-4-I.

33 P.3d 753 (2001)

STATE of Washington, Respondent, v. Dumas DELGADO, Appellant.

Court of Appeals of Washington, Division 1.

November 5, 2001.


Attorney(s) appearing for the Case

Donald Boyette Lundahl, Tacoma, for appellant/cross-respondent.

Cynthia Gannett, David Seaver, King County Prosecutor's Office, Seattle, for respondent/cross-appellant.

David Bruce Koch, Nielsen, Broman & Associates PLLC, Seattle, for ami curiae.


COLEMAN, J.

Following a bench trial on stipulated facts, appellant Dumas Delgado was convicted of one count of first degree child rape and one count of first degree child molestation. On appeal, Delgado does not dispute the trial court's finding that he digitally penetrated the folds of the victim's external genitalia. Instead, he argues that a conviction for child rape requires a finding that the defendant penetrated the victim's vaginal canal. Delgado asserts that...

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