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STATE v. GOMEZ

No. 24628.

92 S.W.3d 253 (2002)

STATE of Missouri, Plaintiff-Respondent, v. Adrian GOMEZ, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for rehearing and transfer denied December 3, 2002.

Application for Transfer Denied January 28, 2003.

Attorney(s) appearing for the Case

Amy M. Bartholow, Assistant State Public Defender, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen L. Kramer, Asst. Atty. Gen., Jefferson City, MO, for respondent.

Before PREWITT, P.J., RAHMEYER, C.J. and MAUS, Sr. J.

Motion for rehearing and transfer to Supreme Court denied December 3, 2002.

PER CURIAM.

The issue presented in this case is whether Adrian Gomez ("Defendant")1 can be convicted of forcible rape of a person who has been declared mentally incapacitated when the trial court found there was no substantial evidence of any threats, express or implied, or testimony about physical force. In the court-tried case, the trial

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