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STATE v. MARTINEZ

No. 26718.

37 P.3d 18 (2001)

136 Idaho 521

STATE of Idaho, Plaintiff-Respondent, v. Santiago Parmo MARTINEZ, Defendant-Appellant.

Court of Appeals of Idaho.

November 23, 2001.

Attorney(s) appearing for the Case

Parmenter Associates, Blackfoot, for appellant.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

PERRY, Judge.

Santiago Parmo Martinez appeals from his judgment of conviction and sentence for lewd conduct with a minor. We vacate.

I.

FACTS AND PROCEDURE

Martinez was charged with two counts of lewd conduct with a minor. I.C. § 18-1508. In count one, Martinez was charged with engaging in genital-to-genital contact with his five-year-old daughter. In count two, Martinez was charged with engaging in manual-to-genital contact with the...

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