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STATE v. YORK

No. 6800-1-II.

41 Wn. App. 538 (1985)

704 P.2d 1252

THE STATE OF WASHINGTON, Appellant, v. JIMMIE EARL YORK, Respondent.

The Court of Appeals of Washington, Division Two.

August 20, 1985.

Attorney(s) appearing for the Case

C. Danny Clem, Prosecuting Attorney, and Gregg Johnsen, Deputy, for appellant.

Mark L. Yelish, for respondent (appointed counsel for appeal).

PETRICH, J.

The State appeals the trial court's grant of a new trial based upon newly discovered evidence, CrR 7.6(a)(3), which was a recantation by the 9-year-old victim in an indecent liberties case. The State's primary contention is that the court abused its discretion in granting a new trial upon a finding that defendant's conviction was based "solely" upon the recanting witness' trial testimony, while refusing to find whether the recanting witness had perjured...

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