STATE v. ORTIZ-TRIANA

No. 67039-5-I.

373 P.3d 335 (2016)

193 Wash.App. 769

STATE of Washington, Respondent, v. Max ORTIZ-TRIANA, Appellant.

Court of Appeals of Washington, Division 1.

May 9, 2016.


Attorney(s) appearing for the Case

Dana M. Nelson , Nielsen Broman & Koch PLLC, Nielsen Broman Koch PLLC, Attorney at Law, Seattle, WA, for Appellant.

Andrea Ruth Vitalich , King County Prosecutor's Office, Prosecuting Atty. King County, King Co. Pros./App. Unit Supervisor, Deborah A. Dwyer , King Co. Pros. Ofc./Appellate Unit, Seattle, WA, for Respondent.


¶ 1 A jury found Max Ortiz-Triana guilty of rape in the second degree. Ortiz-Triana appealed, arguing the trial court erred in giving the State's proposed jury instruction on consent and refusing to give the defense jury instruction clarifying the relationship between the defense of consent and the burden of the State to prove...

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