State v. Gitchel

Frank Gitchel appeals from his conviction for first degree statutory rape of his 3-year-old daughter, who is referred to herein as "R". Gitchel alleges that the trial court erred in finding the child to be incompetent to testify and in admitting her hearsay statements under RCW 9A.44.120, Washington's child victim hearsay exception.

Although Gitchel did not raise the issue of jury unanimity at trial, he alleges now that this requirement was not satisfied in his case and that the error is one of constitutional magnitude which may be raised for the first time on appeal. The State, urging us to…