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STATE v. BOEHNING

No. 31469-0-II.

111 P.3d 899 (2005)

STATE of Washington, Respondent, v. Randy Allen BOEHNING, Appellant.

Court of Appeals of Washington, Division 2.

May 17, 2005.

Attorney(s) appearing for the Case

David Schultz, Attorney at Law, Camas, WA, for Appellant.

Scott Douglas Jackson, Attorney at Law, Vancouver, WA, for Respondent.

BRIDGEWATER, J.

¶ 1 Randy Allen Boehning appeals his conviction of three counts of first degree child molestation. We hold that prosecutorial misconduct occurred when the prosecutor referred to three counts of rape that had been dismissed while suggesting that the victim's statements supported those counts but she was not "comfortable" enough to testify about those rapes at trial. 3B Report of Proceedings (RP) (Oct....

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