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STATE v. GITTINS

No. 21755.

921 P.2d 754 (1996)

129 Idaho 54

STATE of Idaho, Plaintiff-Respondent, v. Michael J. GITTINS, Defendant-Appellant.

Court of Appeals of Idaho.

July 11, 1996.

Attorney(s) appearing for the Case

John L. Stosich, Bonneville County Public Defender, Idaho Falls, for appellant.

Hon. Alan G. Lance, Attorney General; John C. McKinney, Deputy Attorney General (argued), Boise, for respondent.

PERRY, Judge.

Michael J. Gittins appeals from his judgment of conviction for rape. I.C. § 18-6101(3). After reviewing the record and applicable law, we vacate the judgment and remand this case for a new trial.

I.

FACTS AND PROCEDURE

On June 5, 1993, Gittins met G.H. in Idaho Falls and invited her to a nearby bar for a drink. Gittins then offered to buy G.H. dinner. Gittins stopped at a grocery store to cash a check. Gittins returned...

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