In Re The Detention Of: Franklin Abellera

IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON DIVISION ONE In re the Detention of ) No. 79580-5-I ) FRANKLIN ABELLERA, ) UNPUBLISHED OPINION ) Appellant. ) ) ) ANDRUS, A.C.J. – Franklin Abellera, who was found by a jury to be a sexually violent predator, appeals the denial of his motion for a new trial under CR 60(b)(3), claiming that newly discovered evidence, the audio portion of a surveillance video disclosed to Abellera in 2009, refuted the State’s contention that his most recent rape conviction was the result of a mental abnormality. The trial court did not abuse its discretion in…