State v. Hylton

¶1 Robin Douglas Hylton appeals his conviction for third degree child rape, arguing the trial court erred in (1) denying his jury waiver; (2) denying his right to present a defense by excluding certain evidence; (3) retroactively applying the statutory “abuse of trust” aggravating factor as the basis for an exceptional sentence; and (4) imposing an exceptional sentence following his second trial where the State had not alleged the aggravating factor in his first trial and offered no new factual basis, raising a presumption of vindictiveness.1 Hylton also argues that the jury instruction on…