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STATE v. PEITE

No. 18942.

839 P.2d 1223 (1992)

122 Idaho 809

STATE of Idaho, Plaintiff-Respondent, v. Danny PEITE, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied October 28, 1992.

Attorney(s) appearing for the Case

Evans, Keane, Koontz, Boyd, Simko & Ripley, Kellogg, for defendant-appellant. John O. Cossel, argued.

Larry EchoHawk, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for plaintiff-respondent. Michael A. Henderson, argued.

WALTERS, Chief Judge.

Danny Peite appeals from a judgment convicting him of rape. We affirm.

I. FACTS

At about 7:00 on the evening of January 26, 1990, "CW," the complaining witness in this case, arrived at the Longhorn Bar in Osburn, Idaho. She had been drinking earlier that day, first at her home and then at the Midway bar. When the bartender at the Longhorn refused to serve her any more, CW joined three men at one of the tables and began sipping...

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