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STATE v. GONG

No. 16912.

764 P.2d 453 (1988)

115 Idaho 86

STATE of Idaho, Plaintiff-Respondent, v. Richard Lee GONG, Defendant-Appellant.

Court of Appeals of Idaho.

November 14, 1988.

Attorney(s) appearing for the Case

Stephen S. Hart of Hart & Kohler, Idaho Falls, for defendant-appellant.

Jim Jones, Atty. Gen., David R. Minert, Deputy Atty. Gen., for plaintiff-respondent.

SUBSTITUTE OPINION

The Court's prior opinion, dated October 4, 1988, is hereby withdrawn.

SWANSTROM, Judge.

A jury convicted Richard Gong of rape and of lewd and lascivious conduct with a minor. Gong received a fixed five-year sentence for the rape and a fixed ten-year sentence for the lewd conduct, the sentences to run consecutively. On appeal, Gong asserts that several errors occurred during trial which require a new trial. The issues are whether...

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