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STATE v. SAGE

No. 75279-1-I.

407 P.3d 359 (2017)

STATE of Washington, Respondent, v. Jonathan Samuel SAGE, Appellant.

Court of Appeals of Washington, Division 1.

Filed: December 18, 2017.

Attorney(s) appearing for the Case

Gregory Charles Link , Nancy P. Collins , Washington Appellate Project, 1511 3rd Ave., Ste. 701, Seattle, WA, 98101-3647, Esq. Borenstein, Borenstein, McConnell & Calpin, P.C., 155 Morris Ave., Suite 201, Springfield, NJ, 07081, for Appellant.

Gregory Marshall Banks , Island County Prosecuting Attorney, 7th & Main Sts., P.O. Box 5000, Coupeville, WA, 98239-5000, for Respondent.

PUBLISHED OPINION

¶ 1 Jonathan Sage was convicted of four counts of second degree rape of a child. The trial court did not instruct the jury that it must find each count required a "separate and distinct" act. But because the State clearly elected separate acts for each count in closing argument, testimony supported...

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