Court of Appeals of Washington August 22, 2002, No. 19882-1-III (State v. Eaker)

Kato, A.C.J.

(dissenting) — The State chose to limit the prosecution to one specific incident. In order to convict Mr. Eaker of first degree rape of a child, Jury Instruction No. 5 directed the jury that it had to find:

That on or between the 1st day of January, 1990 and the 31st day of December, 1991, the defendant had sexual intercourse with [M.F.] while [M.F.