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STATE v. BANKS

No. 16524.

740 P.2d 1039 (1987)

113 Idaho 54

STATE of Idaho, Plaintiff-Respondent, v. Dwayne Noble BANKS, Defendant-Appellant.

Court of Appeals of Idaho.

June 17, 1987.

Attorney(s) appearing for the Case

Van G. Bishop, Nampa, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for plaintiff-respondent.

WALTERS, Chief Judge.

Dwayne Banks was arrested and charged with rape by means of force. At trial, just before resting the state's case, the prosecutor moved to amend the Information to reflect that the victim was fifteen years old. The amendment was allowed. Thereafter, the jury found Banks guilty of statutory rape, I.C. § 18-6101(1). Banks appeals, contending the trial court erred by permitting the Information to be amended. We hold that the court did not err...

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