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STATE v. CASTILLA

No. 51679-5-I.

87 P.3d 1211 (2004)

STATE of Washington, Appellant, v. Julio CASTILLA, Respondent.

Court of Appeals of Washington, Division 1.

April 19, 2004.

Attorney(s) appearing for the Case

Gregory Link, Wash.App. Project, Seattle, WA, for Appellant.

Mary Barbosa, King Co. Pros. Atty/Appellate Unit, Seattle, WA, for Respondent.

PUBLISHED IN PART

ELLINGTON, J.

Julio Castilla was a certified nursing assistant. He was convicted of rape for engaging in sexual intercourse with a patient during a treatment session (rape in the second degree). We hold that whether the intercourse occurred during a treatment session was a question for the jury. We reject Castilla's other arguments, and affirm both his conviction and the exceptional sentence based upon the particular vulnerability of his...

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