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. Hylton also argues that the jury instruction on “abuse of trust” was unconstitutionally vague, and that the prosecutor committed prosecutorial misconduct by improperly vouching for witnesses. Finding no reversible error, we affirm.
I won’t address bullet 4, as it’s pretty clear from the last opinion how the court feels about it.
Retro Application of Abuse of Trust Statute: Abuse of trust is an aggravating factor, not a crime. Regardless, this one was at common law before it was ever codified. The codified version is actually narrower. Further, this is really a procedural matter. Anyhow, it’s an interesting read, a bit long-winded for my taste.
The rest is unpublished! Woohoo! Reprieve!