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STATE v. HOLDEN

No. 20316.

890 P.2d 341 (1995)

126 Idaho 755

STATE of Idaho, Plaintiff-Respondent, v. David HOLDEN, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied March 3, 1995.

Petition for Review Denied March 21, 1995.

Attorney(s) appearing for the Case

Jonathan B. Hull, Kootenai County Public Defender; Brian D. Long, Public Defender, Coeur d'Alene, for appellant. Brian D. Long argued.

Larry EchoHawk, Atty. Gen., Michael J. Kane, Deputy Atty. Gen., Boise, for respondent. Michael J. Kane argued.

LANSING, Judge.

In March 1992, David Holden's wife, T.H., reported to police that he had sexually assaulted her. Holden was arrested and charged by information with nine felonies: one count of rape, I.C. § 18-6101 (subsequently amended 1994); six counts of forcible sexual penetration by use of a foreign object, I.C. § 18-6608; and two counts of infamous crime against nature, I.C. § 18-6605. At the ensuing jury trial Holden was acquitted on three counts...

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