STATE v. FRASER

No. 66276-7-I.

282 P.3d 152 (2012)

STATE of Washington, Respondent, v. Bud Michael FRASER, Appellant.

Court of Appeals of Washington, Division 1.

August 13, 2012.


Attorney(s) appearing for the Case

Maureen M. Cyr , Wash.App. Project, Seattle, WA, for Appellant.

Seth A. Fine , Sno. Co. Pros. Ofc., Everett, WA, for Respondent.


BECKER, J.

¶ 1 This is an appeal of a murder conviction. The defense was accident. The trial court allowed a police officer to testify about a statement made by the decedent in which he reported his fear of the defendant. Because the statement was testimonial and admitted for its truth, its admission violated the confrontation clause even though it did not violate the rule against hearsay. We nevertheless affirm, concluding that the error was harmless.

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