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STATE v. NUNEZ

No. 13523.

520 P.2d 881 (1974)

The STATE of Utah, Plaintiff and Respondent, v. Max James NUNEZ, Defendant and Appellant.

Supreme Court of Utah.

March 25, 1974.

Attorney(s) appearing for the Case

Bruce C. Lubeck, Salt Lake Legal Defender Assn., Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., William W. Barrett, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

TUCKETT, Justice:

Defendant was found guilty of forcible rape and was sentenced to serve not less than one nor more than 15 years in the Utah State Prison, and he appeals.

On June 21, 1973, the prosecutrix, and a woman companion, had left a tavern in downtown Salt Lake City at about 3:00 a.m. The two women being without sufficient funds to call a taxicab attempted to hitchhike a ride to their homes. They were offered a ride by the defendant and Nick LeRoy...

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