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STATE v. DEPAZ

No. 80574-1.

204 P.3d 217 (2009)

STATE of Washington, Respondent, v. Vasquez Jose DEPAZ, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 2, 2009.

Attorney(s) appearing for the Case

Eric Broman, Nielsen Broman & Koch PLLC, Seattle, WA, for Petitioner.

King County Prosecutor's Office, Andrea Ruth Vitalich, Seattle, WA, for Respondent.

OWENS, J.

¶ 1 Vasquez Depaz challenges his conviction for child rape on the grounds that the trial court abused its discretion when it dismissed a known holdout juror. Depaz urges this court to extend its decision in State v. Elmore, 155 Wn.2d 758, 123 P.3d 72 (2005), to limit the trial court's discretion under RCW 2.36.110 in deciding whether to remove a holdout juror. We reject Depaz...

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