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STATE v. WIRTH

No. 29927-5-II.

85 P.3d 922 (2004)

STATE of Washington, Respondent, v. Steven WIRTH, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered March 9, 2004.

Attorney(s) appearing for the Case

Terri Janine Gailfus, Attorney at Law, Jeremy Richard Randolph, Attorney at Law, Chehalis, WA, for Respondent.

Peter B. Tiller, Rock & Pine, Centralia, WA, for Appellant.

PUBLISHED IN PART

HUNT, C.J.

Steven Wirth appeals his conviction of one count of second degree rape of a child, arguing that (1) the trial court erred when it replaced an ill juror with an alternate juror and instructed the jury to start deliberating anew; (2) the trial court erred by admitting evidence of Wirth's prior uncharged sexual misconduct; and (3) trial counsel's failure to request a limiting instruction regarding the evidence of past sexual conduct...

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