STATE v. GRESHAM

No. 62862-3-I.

223 P.3d 1194 (2009)

153 Wash.App. 659

STATE of Washington, Respondent, v. Michael Tyrone GRESHAM, Appellant.

Court of Appeals of Washington, Division 1.

December 21, 2009.


Attorney(s) appearing for the Case

Maureen Marie Cyr, Washington Appellate Project, Seattle, WA, for Appellant.

Mary Kathleen Webber, Snohomish County Prosecutors Office, Everett, WA, for Respondent.

Amy Irene Muth, Rhodes & Meryhew LLP, Suzanne Lee Elliott, Attorney at Law, Seattle, WA, for Amicus Curiae The Washington Association of Criminal Defense Lawyers.


LEACH, J.

¶ 1 Michael Tyrone Gresham challenges the constitutionality of RCW 10.58.090, which addresses the admissibility of evidence of a defendant's past sex offenses in a criminal sex offense action, notwithstanding ER 404(b). At a pretrial hearing, the trial court determined that evidence of Gresham's prior sex offense was admissible under this statute. A jury subsequently found Gresham guilty of multiple counts of child molestation in the first degree. On...

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