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STATE v. MacDONALD

No. 29117-7-II.

95 P.3d 1248 (2004)

STATE of Washington, Respondent, v. Stephen James MacDONALD, Appellant.

Court of Appeals of Washington, Division 2.

August 10, 2004.

Attorney(s) appearing for the Case

Suzan L. Clark, Attorney at Law, Vancouver, WA, David Zuckerman, Attorney at Law, Seattle, WA, for Appellant.

Kimberley Robert Farr, Attorney at Law, Vancouver, WA, for Respondent.

QUINN-BRINTNALL, C.J.

A jury convicted Stephen James MacDonald of first degree rape (Count I) and second degree rape (Count II) based on two separate incidents involving two separate victims. He appeals, claiming numerous errors.

Because the State failed to disclose material evidence favorable to the accused and improperly commented on MacDonald's right to remain silent, we reverse MacDonald's convictions. We also...

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