court of appeals

SPOKANE - An Okanogan County man’s convictions for fourth-degree assault, resisting arrest and violation of a no-contact order will stand, the state Court of Appeals for Division III has decided.

Larry Edward Siltman appealed convictions from two separate prosecutions.

In an unpublished opinion filed May 16, the appeals court said Okanogan County Superior Court Judge Henry Rawson did not err in limiting evidence at Siltman’s stipulated trial and did not abuse his discretion in denying Siltman’s motion for a new trial.

Siltman was charged in 2013 with four counts of felony violation of a no-contact order and one count of resisting arrest. Concerns about his competency to stand trial resulted in an evaluation at Eastern State Hospital, said court records.

He was found competent to stand trial, despite a finding that he suffered from an unclassified psychosis.

A plea agreement was reached in 2015 and a stipulated order of continuance was entered. It required Siltman to comply with various conditions during a two-year period, court records said.

If the conditions were violated, he agreed that his guilt or innocence would be determined in a stipulated trial at which the court would consider reports disclosed during the discovery portion of the case.

In late 2016, Siltman was charged with second-degree rape and fourth-degree assault-domestic violence.

The rape charge was dismissed because the prosecution lost contact with the victim, identified in court documents as Ms. M-S, according to court records.

The trial for assault went on without M-S and the jury convicted Siltman on the assault charge.

M-S unexpectedly appeared at the sentencing hearing and, after a continuance was granted, told defense counsel she did not believe the assault occurred because she would have suffered bruising or other injuries. There were two witnesses to the assault, court records said.

Siltman moved for a new trial, but the court denied the motion.

After being sentenced, Siltman appealed.

The trial court then conducted a stipulated trial on the 2013 charges. Siltman was convicted of one no-contact order violation and of resisting arrest.

Siltman also appealed that decision. The appeals court consolidated the appeals.

His appeal sought a new trial based on M-S’s lack of recollection of the assault and because the Eastern State evaluation was deemed not part of discovery information, said court records. He wanted to argue he had diminished capacity and could not have committed the no-contact order violation, but the appeals court said the Eastern State report did not establish diminished capacity.

The appeals court found neither situation applied.

The appeals court opinion was written by Judge Kevin Korsmo with Robert Lawrence-Berrey and Laurel Siddoway concurring.

Siltman was represented on appeal by Kenneth James Miller and Andrew Chase of Miller and Chase, Okanogan. Okanogan County Prosecutor Arian Noma represented the state.

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