STATE v. ATKINS

No. 23410-0-III.

123 P.3d 126 (2005)

130 Wash.App. 395

STATE of Washington, Respondent, v. Terry Lee ATKINS, Appellant.

Court of Appeals of Washington, Division 3, Panel Three.

November 17, 2005.


Attorney(s) appearing for the Case

Stephanie C. Cunningham, Attorney at Law, Seattle, WA, for Appellant.

Kenneth L. Ramm, Yakima, WA, for Respondent.


SWEENEY, A.C.J.

¶ 1 Terry Lee Atkins appeals his convictions for one count of second degree rape (by forcible compulsion) and one count of unlawful imprisonment with sexual motivation. The question presented is whether the offenses merge. We conclude they do not and affirm the judgment and sentence.

FACTS

¶ 2 The victim, MMA, met up with her niece at a night club in Yakima, Washington. MMA drank beer and one mixed drink. During the evening...

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