Washington V. Markle

Frank Markle challenges his convictions on three counts of indecent liberties with two female children. Mr. Markle contends the trial court erred on counts 1 and 2 by instructing the jury that indecent liberties under former RCW 9A.44.100(1) was a lesser included offense of statutory rape in the first and second degrees under former RCW 9A.44.070(1) and former RCW 9A.44.080(1). Mr. Markle further submits the trial court erred when it denied his motions to sever joinder of count 3, which involved  a different victim from counts 1 and 2. Finally, Mr. Markle assigns error to the trial court's pretrial ruling which precluded  the defense from questioning at trial the alleged victim in counts 1 and 2 regarding her earlier sexual abuse by Mr. Markle's son. We granted certification and reverse Mr. Markle's convictions on counts 1 and 2 and affirm on count 3.