The State of Washington, Respondent v. Charles W. Petrich, Petitioner

Summary

The Washington Supreme Court held that when the evidence shows several distinct criminal acts but the information charges only one count, the State must either elect the act on which it relies for conviction or the trial court must instruct the jury that all twelve jurors must agree that the same underlying criminal act was proved; because neither occurred, Petrich's convictions on one count each of indecent liberties and second degree statutory rape could not be assured a unanimous verdict, warranting a new trial. Addressing an issue likely to recur on retrial, the court upheld as within the trial court's discretion the limited expert testimony on delayed reporting patterns of sexually abused children, but directed that on retrial expert testimony be excluded if it invites the jury to infer that the defendant is statistically more likely to have committed the crime because of his relationship to the victim.