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STATE v. AVILA

No. 26965.

49 P.3d 1260 (2002)

137 Idaho 410

STATE of Idaho, Plaintiff-Respondent, v. Mario AVILA, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied May 10, 2002.

Review Denied June 26, 2002.

Attorney(s) appearing for the Case

Douglas D. Phelps, Coeur d'Alene, for appellant.

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

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED MARCH 4, 2002 IS HEREBY WITHDRAWN

LANSING, Judge.

Mario Anthony Avila was charged with sexual battery of a child after he fondled a female co-worker. At his jury trial, the victim testified that during the incident Avila spoke about a previous sexual encounter with a striptease dancer at a strip club. The district court admitted the statement over Avila's objection. The jury subsequently found...

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