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STATE v. CRUMPTON

No. 42173-9-II.

289 P.3d 766 (2012)

STATE of Washington, Respondent, v. Lindsey L. CRUMPTON, Appellant.

Court of Appeals of Washington, Division 2.

December 11, 2012.

Attorney(s) appearing for the Case

Thomas E. Weaver Jr. , Attorney at Law, Bremerton, WA, for Appellant.

Randall Avery Sutton , Kitsap Co. Prosecutor's Office, Port Orchard, WA, for Respondent.

HUNT, J.

¶ 1 Lindsey L. Crumpton appeals the superior court's denial of his motion for postconviction deoxyribonucleic acid (DNA) testing under RCW 10.73.170. He argues that the superior court should have granted his motion because he showed a "high probability that DNA testing could identify the perpetrator of [the] rape." Br. of Appellant at 1. Citing the statute's plain language, the State responds that Crumpton failed to show "a likelihood that the new DNA...

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