State v. York

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 herself at defendant's trial. We hold that the trial court's finding that defendant's conviction was based solely upon the recanted testimony…