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STATE v. HOPKINS

No. 31879-2-II.

154 P.3d 250 (2007)

STATE of Washington, Respondent, v. Andre Roach HOPKINS, Appellant.

Court of Appeals of Washington, Division 2.

March 6, 2007.

Attorney(s) appearing for the Case

Thomas Michael Kummerow, Washington Appellate Project, Seattle, WA, for Appellant.

Michelle Hyer, Pierce County Prosecutor, Tacoma, WA, for Respondent.

OPINION

HUNT, J.

¶ 1 Andre Hopkins appeals his jury conviction and exceptional minimum sentence for first degree rape of a child and his jury conviction for first degree child molestation. He argues that (1) the State and the trial court failed to meet the statutory prerequisites for finding the child victim unavailable to testify for purposes of the child hearsay statute, RCW 9A.44.120; (2) the child victim's hearsay statements were testimonial and...

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