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Division 1 Court of Appeals

State v. Eduardo Castillo-Urbina

 

  • A jury convicted Eduardo Castillo-Urbina of two counts of second degree rape, one count of second degree assault, one count of fourth degree assault with sexual motivation, and third degree malicious mischief, all crimes of domestic violence.  And determined that the two counts of rape and the assault in the second degree were aggravated domestic violence offenses committed within the sight and sound of their minor children. Urbina appeals, arguing the trial court erred by 1) admitting evidence of his prior bad acts under ER 404(b), 2) admitting hearsay statements through a social worker as statements for the purpose of medical diagnosis, 3) allowing M.C. to testify about how she felt at trial and during a defense interview, 4) committing cumulative evidentiary error 5) declining to give his proposed jury instruction on forcible compulsion, and 6) violating his rights to a jury trial and due process when it imposed an exceptional sentence.  COA #864548. King County Superior Court # 21-1-02745-1 SEA.