IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON STATE OF WASHINGTON, ) No. 78544-3-I ) Respondent, ) DIVISION ONE v. ) UNPUBLISHED OPINION ) CHRISTIAN J. ARCHAGA-REYES, ) Appellant. ) FILED: January 6, 2020 ANDRUS, J. — Christian Archaga-Reyes appeals his domestic violence convictions for second degree rape and for felony and misdemeanor violations of a no-contact order. At trial, he contended his victim, M.M., an undocumented immigrant, fabricated the charges against him to gain protected status so she could stay in the United States with her children. He argues the trial court denied him a fair trial by limiting the questions he could ask M.M. about her children’s citizenship status and by refusing to recognize a defense witness as an “expert” in front of the jury. He also contends the prosecutor committed reversible error by referring to current immigration policies during the State’s closing argument. Finally, Archaga Reyes argues the trial court failed to give a Petrich1 unanimity instruction on the rape charge and his felony convictions violate double jeopardy. 1 State v. Petrich, 101 Wn.2d 566, 683 P.2d 173 (1984), abrogated on other grounds by Statev. Kitchen, 110 Wn.2d 403, 756 P.2d 105 (1988). No. 78544-3-1/2 We conclude the trial court did not err in deciding the appropriate scope of cross-examination or in refusing to affirmatively inform the jury that a defense witness was an “expert.” We also conclude that while the prosecutor’s closing comments about Trump administration anti-immigration policies were inappropriate, they were neither flagrant nor ill-intentioned and did not prejudice Archaga-Reyes. Furthermore, because the State made a clear and explicit election to rely solely on the first of four successive rapes, all occurring during the same night, the court was not required to give a Petrich instruction. Finally, the felony violation of a no-contact order and rape convictions do not violate double jeopardy. We therefore affirm Archaga-Reyes’ convictions. FACTS Archaga-Reyes, a Honduran immigrant, met M.M., a Mexican immigrant and mother of two children, at a birthday party in 2015. Shortly thereafter, Archaga-Reyes and MM. began dating and ultimately had a consensual sexual relationship. In the fall of 2015, M.M. broke off the relationship with Archaga Reyes, who did not want the relationship to end. In January 2016, Archaga-Reyes assaulted M.M., leading him to plead guilty to two counts of domestic violence assault in the third degree and one count of domestic violence assault in the fourth degree. As a result of these convictions, the court entered a five-year no-contact order for M.M.’s protection. Less than eight months later, on August 7, 2016, Archaga-Reyes appeared at M.M.’s first-floor apartment in Tukwila. M.M., who was alone at the time, let him into the apartment because he asked for help and told her that he loved her. Once -2- No. 78544-3-1/3 inside, he asked for food; when she did not prepare any for him, he started insulting her. MM. told Archaga-Reyes to leave. He then hit her and called her a “bitch,” a ‘prostitute,” ‘garbage,” and ‘an ...
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