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LARKIN v. STATE

No. A-8444.

88 P.3d 153 (2004)

Lory LARKIN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

April 2, 2004.

Attorney(s) appearing for the Case

Robert D. Lewis, Nome, for the Appellant.

John A. Scukanec, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for the Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

Lory Larkin was indicted for second-degree sexual abuse of a minor (engaging in sexual penetration with a minor under the age of 16).1 The indictment charged that Larkin's offense occurred "on or about February 1, 2001". At trial, the evidence clearly showed that the victim was away at school starting in January 2001, and thus the offense could have occurred no later than the end of December...

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