State v. McComas

*309¶1

Melnick, J.

Michael E. McComas Jr. appeals his conviction of domestic violence assault in the fourth degree, arguing that the trial court erred by admitting the victim’s recorded statement concerning the assault as substantive evidence under ER 801(d)(l)(i). Because the victim did not make her statement under oath, the court erred by admitting that statement as substantive evidence. However, we hold the error was harmless and we affirm McComas’s conviction.

FACTS

I. Substantive Facts

¶2 On November 15, 2012, Philana McComas, while upset and crying, went to the Mason County Sheriff’s Office and…