STATE v. EPEFANIO

No. 27578-7-III.

234 P.3d 253 (2010)

156 Wash.App. 378

STATE of Washington, Respondent, v. Titus Vincent EPEFANIO, Appellant.

Court of Appeals of Washington, Division 3.

Reconsideration Denied June 16, 2010.


Attorney(s) appearing for the Case

David L. Donnan, Oliver Ross Davis, Washington Appellate Project, Seattle, WA, for Appellant.

Mark Erik Lindsey, Spokane County Prosecuting Attorney, Spokane, WA, for Respondent.


SWEENEY, J.

¶ 1 This is a prosecution for rape of a child in the third degree. The defendant testified in his own defense. The State tried to cross-examine on matters beyond the scope of direct examination. The trial court refused to allow the inquiry but then allowed the State to call the defendant as a rebuttal witness after concluding that the defendant had waived his Fifth Amendment right. We conclude that it was error but we also conclude that it was harmless...

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