STATE v. STRAUSS

No. 40739-2-I.

969 P.2d 529 (1999)

STATE of Washington, Respondent, v. Gordon Michael STRAUSS, Appellant.

Court of Appeals of Washington, Division 1.

January 11, 1999.


Attorney(s) appearing for the Case

James Dixon & Kathryn Russell; Nielsen, Broman & Assoc., Seattle, for Appellant.

James M. Whisman, King County Pros. Office, Seattle, for Respondent.


ELLINGTON, J.

This is the fourth in a series of appeals of Gordon Strauss' 1987 conviction and sentencing for second degree rape. At Mr. Strauss' fourth resentencing, the trial court imposed an exceptional sentence based on future dangerousness, relying in part on his silence and denials of guilt in finding him not amenable to treatment.

A defendant's Fifth Amendment privilege to refuse to incriminate himself extends to his silence or denials of guilt as to...

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