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STATE v. ESPINOZA

No. 24891.

990 P.2d 1229 (1999)

133 Idaho 618

STATE of Idaho, Plaintiff-Respondent, v. Ernesto N. ESPINOZA, Defendant-Appellant.

Court of Appeals of Idaho.

December 14, 1999.

Attorney(s) appearing for the Case

John M. Adams, Chief Kootenai County Public Defender; Gary I. Amendola, Deputy Public Defender, Coeur d'Alene, for appellant.

Hon. Alan G. Lance, Attorney General; Rebekah A. Cude, Deputy Attorney General, Boise, for respondent.

LANSING, Judge.

Ernesto Navarrette Espinoza appeals his conviction for sexual abuse of a child under the age of sixteen years under Idaho Code § 18-1506. Espinoza contends that the State did not meet its burden of proof at trial because it presented no direct evidence that Espinoza was over the age of eighteen, which is an element of the offense. Espinoza also contends that the sentence imposed was an abuse of discretion. We affirm both the judgment of conviction...

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