HAYS, Justice.
The appellant, David Dias Salinas (hereinafter defendant), was found guilty after a jury trial of first degree rape and sentenced to ten to eleven years imprisonment in the Arizona State Prison. In a memorandum decision, the Court of Appeals reversed the trial court and remanded for a new trial. We granted the state's petition for review pursuant to 17 A.R.S. Rules of Criminal Procedure, rule 31.19. The opinion of the Court of Appeals is vacated and...
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