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STATE v. SCHERNER

No. 62507-1-I.

225 P.3d 248 (2009)

153 Wash.App. 621

STATE of Washington, Respondent, v. Roger Alan SCHERNER, Appellant.

Court of Appeals of Washington, Division 1.

December 21, 2009.

Attorney(s) appearing for the Case

Eric William Lindell, Lindell Law Offices, Seattle, WA, for Appellant.

Brian Martin McDonald, King County Prosecuting Attorney, Seattle, WA, for Respondent.

PUBLISHED IN PART

COX, J.

¶ 1 Roger Scherner appeals his convictions of three counts of first degree child molestation. He fails in his burden to prove beyond a reasonable doubt that RCW 10.58.090, legislation that permits but does not require admission of evidence of prior "sexual offenses"1 in sex offense prosecutions, is unconstitutional. That statute is not an ex post facto law and does not violate the separation

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