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STATE v. FLEMING

Nos. 33647-9-I, 33662-2-I.

921 P.2d 1076 (1996)

83 Wash.App. 209

The STATE of Washington, Respondent, v. Dwight FLEMING and Derek Lee, Appellants.

Court of Appeals of Washington, Division 1.

Reconsideration Denied November 6, 1996.

Attorney(s) appearing for the Case

Jeanette Brinster, Todd S. De Groff, Seattle, for Appellant Fleming.

Nielsen & Acosta, Seattle, for Appellant Lee.

Francis D. Zavatsky, Seattle, for Respondent.

KENNEDY, Acting Chief Judge.

Dwight Fleming and Derek Lee appeal their convictions of second degree rape, contending that the prosecutor committed misconduct during closing arguments.1 Although none of the prosecutor's arguments was objected to contemporaneously, we reverse and remand for a new trial because the prosecutor committed misconduct rising to the level of manifest constitutional error which we cannot conclude was harmless beyond...

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