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STATE v. HYLTON

No. 38575-9-II.

226 P.3d 246 (2010)

STATE of Washington, Respondent, v. Robin Douglas HYLTON, Appellant.

Court of Appeals of Washington, Division 2.

March 9, 2010.

Attorney(s) appearing for the Case

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, WA, for Appellant.

Lori Ellen Smith, Lewis Co. Prosecuting Atty. Office, Douglas P. Ruth, Lewis County Pros. Office, Chehalis, WA, for Respondents.

PART PUBLISHED OPINION

ARMSTRONG, J.

¶ 1 Robin Douglas Hylton appeals his conviction for third degree child rape, arguing the trial court erred in (1) denying his jury waiver, (2) denying his right to present a defense by excluding certain evidence, (3) retroactively applying the statutory "abuse of trust" aggravating factor as the basis for an exceptional sentence, and (4) imposing an exceptional sentence following his second trial where the State...

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