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STATE v. LOPEZ

No. 20938.

892 P.2d 898 (1995)

126 Idaho 831

STATE of Idaho, Plaintiff-Respondent, v. Alex Zu Iya LOPEZ, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied May 2, 1995.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender, August H. Cahill, Deputy Public Defender, Boise, for appellant. August H. Cahill argued.

Alan G. Lance, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for respondent. Michael A. Henderson, argued.

PERRY, Judge.

In this case we review whether a jury was properly instructed regarding the elements of rape. Further, we must determine whether acquittal on an infamous crime against nature count necessitates entry of a judgment of acquittal on a rape count because the verdicts are inconsistent. We also are asked to review a sentence imposed on the conviction for rape.

FACTS AND PROCEDURE

On the night of March 1, 1993, Alex Lopez met the victim on...

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