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BANKS v. STATE

No. 19184.

855 P.2d 38 (1993)

123 Idaho 953

Dwayne N. BANKS, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, December 1992 Term.

June 9, 1993.

Attorney(s) appearing for the Case

Ronald J. Wilper, Caldwell, for petitioner-appellant.

Larry EchoHawk, Atty. Gen., and Joel D. Horton, Deputy Atty. Gen., Boise, for respondent.

BISTLINE, Justice.

Appellant Dwayne N. Banks ("Banks") was charged with and tried for violating I.C. § 18-6101(3) (forcible rape). At the conclusion of its case in chief, the State of Idaho ("the State") was allowed over objection to amend the information to charge Banks with violating I.C. § 18-6101(1) (sexual intercourse with a female under the age of eighteen) since the victim was fifteen years old. The jury convicted Banks of the amended charge. On the...

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