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STATE v. GOMEZ

No. 20001091.

63 P.3d 72 (2002)

2002 UT 120

STATE of Utah, Plaintiff and Appellee, v. Francisco GOMEZ, Defendant and Appellant.

Supreme Court of Utah.

December 10, 2002.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Christopher D. Ballard, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Edward R. Montgomery, Salt Lake City, for defendant Kara L. Barton, Salt Lake City, for amicus Rape Crisis Center.

Douglas E. Beloof, Gina McClard, Portland, Oregon, for amicus National Alliance to End Sexual Violence.

RUSSON, Justice:

¶ 1 Francisco Gomez ("Gomez") was charged with rape, a first degree felony. A jury found him guilty as charged, and the trial court sentenced him to a prison term of five years to life at the Utah State Prison. He now appeals his conviction.

BACKGROUND

¶ 2 On the evening of July 4, 1999, Gomez and his long-time girlfriend Michelle Segura ("Michelle") were throwing a holiday party...

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