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STATE v. MARTINEZ

No. 26548.

53 P.3d 1223 (2002)

137 Idaho 804

STATE of Idaho, Plaintiff-Respondent, v. Eluterio MARTINEZ, Jr., Defendant-Appellant.

Court of Appeals of Idaho.

June 11, 2002.

Attorney(s) appearing for the Case

Molly J. Huskey, Interim State Appellate Public Defender; Sara B. Thomas, Deputy Appellate Public Defender, Boise, for appellant. Molly J. Huskey argued.

Hon. Alan G. Lance, Attorney General; Kimberly J. Blas, Deputy Attorney General, Boise, for respondent. Kimberly J. Blas argued.

AMENDED OPINION

THE COURT'S PRIOR UNPUBLISHED OPINION DATED JUNE 5, 2002 IS HEREBY WITHDRAWN.

JUDD, Judge Pro Tem.

Eluterio Martinez appeals from his rape conviction. He argues that the district court erred in excluding a late-disclosed defense witness. Martinez intentionally failed to disclose the witness to the State, and to his attorney. We affirm the witness's exclusion as a sanction.

I.

FACTS AND PROCEDURAL HISTORY

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