BISTLINE, Justice.
At a jury trial defendant-appellant Michael Hightower was convicted of rape and second degree kidnapping; he was sentenced to a term of confinement not exceeding 25 years.
On December 20, 1973, Hightower, who was then in the custody of the mental health unit of the Idaho State Penitentiary, escaped and allegedly kidnapped and raped a Boise State University coed. Captured in another state, he was returned to Boise where, almost 3 years later...
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