STATE v. ELLIOTT

No. 29759-1-II.

88 P.3d 435 (2004)

STATE of Washington, Respondent, v. Brian Howard ELLIOTT, Appellant.

Court of Appeals of Washington, Division 2.

April 27, 2004.


Attorney(s) appearing for the Case

Kathleen Proctor and Jesse Williams, Pierce County Prosecuting Atty Ofc, Tacoma, WA, for Respondent.

Lenell Rae Nussbaum, Seattle, WA, for Appellant.


PART PUBLISHED OPINION

ARMSTRONG, J.

Brian Howard Elliott appeals his jury conviction of two counts of first degree child rape, arguing that the court erred by admitting the results of a stipulated polygraph test without permitting him to present his expert's opinion, which disagreed with the State's expert's opinion as to the polygraph test results. We agree and, therefore, reverse and remand.

FACTS

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