STATE v. AYALA

No. 17256-2-III.

31 P.3d 58 (2001)

STATE of Washington, Respondent, v. Jose L. AYALA, Appellant.

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

September 18, 2001.


Attorney(s) appearing for the Case

Gail L. Siemers, Walla Walla, for Appellant.

Terry J. Bloor, Deputy Pros. Atty., Kennewick, for Respondent.


BROWN, J.

Jose Ayala, convicted in Benton County of first degree kidnapping, argues the trial court erred by (A) ruling RCW 9A.40.010(1) makes irrelevant evidence of the alleged acquiescence of a 14 year old victim, and (B) limiting his cross-examination on the victim's acquiescence, thus violating confrontation principles. We disagree. First, RCW 9A.40.010(1) precludes the defense of victim acquiescence in the case of victims under 16 years old, making such evidence...

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