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STATE v. KIRKMAN

No. 31093-7-II.

107 P.3d 133 (2005)

STATE of Washington, Respondent, v. Charles Lawrence KIRKMAN, Appellant.

Court of Appeals of Washington, Division 2.

February 23, 2005.

Attorney(s) appearing for the Case

Kimberley Robert Farr, Attorney at Law, Clark Co. Pros. Attys. Office, Vancouver, WA, for Respondent.

Lisa Elizabeth Tabbut, Attorney at Law, Longview, WA, for Appellant.

BRIDGEWATER, J.

¶ 1 Charles Kirkman appeals his conviction of first degree rape of an eight-year-old child. We hold that where there were no physical signs of rape and where the State elicited the examining physician's opinion on the sexual abuse allegations, it amounted to a comment on the victim's credibility. Further, we hold that the detective's testimony detailing a competency examination he gave to the victim was also an opinion on the victim's credibility...

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