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STATE v. GAIN

Nos. 28071, 28516.

90 P.3d 920 (2004)

140 Idaho 170

STATE of Idaho, Plaintiff-Respondent, v. Philip Joseph GAIN, Defendant-Appellant.

Court of Appeals of Idaho.

January 21, 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; Melissa Nicole Moody, Deputy Attorney General, Boise, for respondent. Melissa Nicole Moody argued.

PERRY, Judge.

Philip Joseph Gain appeals from the judgment of conviction and sentences entered by the district court after a jury found him guilty of three counts of lewd conduct with a minor child under sixteen. Gain also appeals from the district court's denial of his I.C.R. 35 motion for reduction of his sentences. We affirm.

I.

FACTS AND PROCEDURE

In February 1994, after attending a school program that discussed good and bad touching...

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