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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

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