Respondent's Brief - Washington State Courts
Respondent's Brief - Washington State Courts
Respondent's Brief - Washington State Courts
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indicator for child sexual abuse." RP 647-48. Given the testimony of<br />
Ellsworth and Wiseter, it seems reasonable to infer, as the deputy<br />
prosecutor did in the latter portion of the second sentence, that bedwetting<br />
in a previously "potty-trained" child "can be relevant in treating<br />
someone's mental health, can be part of anxiety, it's simply something<br />
noteworthy, less so obviously to the medical professionals." RP 797.<br />
Thus, the contested argument was no more than an accurate<br />
summary of evidence in the record coupled with a reasonable inference<br />
drawn from that evidence. Because "[ flhe <strong>State</strong> is generally afforded wide<br />
latitude in making arguments to the jury and prosecutors are allowed to<br />
draw reasonable inferences from the evidence," <strong>State</strong> v. Anderson, 153<br />
Wn. App, 417, 427-28, 220 P.3d 1273 (2009), this argument cannot be<br />
considered improper.<br />
Therefore, the defendant has failed to show prosecutorial<br />
misconduct and his conviction should be affirmed.<br />
4. THE TRIAL COURT PROPERLY GRANTED THE<br />
TRIAL CONTINUANCES BECAUSE THOSE<br />
CONTINUANCES DID NOT VIOLATE DEFENDANT'S<br />
RIGHTS TO SPEEDY TRIAL AS PROTECTED BY THE<br />
TIME FOR TRIAL PROVISIONS OF CRR 3.3.<br />
Under the time for trial provisions of Criminal Rule (CrR) 3.3,<br />
A defendant who is detained in jail shall be brought<br />
to trial within the longer of<br />
i) 60 days after the commencement date specified<br />
in this rule, or<br />
36 - o ptest-pros m i scspttial-mcdan tel. doc