State Of Washington v. Michael E. McComas

FILED COURT OF APPEALS SIO II IN THE COURT OF APPEALS OF THE STATE OF WASHING CA I 2015MA ' 10 Aii 8 : 34 DIVISION II STA STATE OF WASHINGTON, No. 44974 - 94I8 Y_ Respondent, v. MICHAEL E. MCCOMAS, JR., PUBLISHED OPINION Appellant. 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 evidence under ER 801( d)( 1)( i). Because the statement concerning the assault as substantive victim did not make her statement under oath, the court erred by admitting that statement…