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STATE v. MONTOYA

No. 28194.

90 P.3d 910 (2004)

140 Idaho 160

STATE of Idaho, Plaintiff-Respondent, v. Charles Gilbert MONTOYA, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied May 28, 2004.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Paul S. Sonenberg, Deputy Appellate Public Defender, Boise, for appellant. Paul S. Sonenberg argued.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

GUTIERREZ, Judge.

Charles Gilbert Montoya was found guilty of three counts of lewd conduct with a minor child under sixteen, Idaho Code § 18-1508. The district court sentenced Montoya to three concurrent determinate life sentences. On appeal, Montoya argues that the district court abused its discretion in permitting cross-examination on an undeclared defense theory; that a variance existed between the information and the jury instructions; that the district court...

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