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  5. 681 N.W.2d 84 (2004)
 

STATE v. MESA

No. 22798.

681 N.W.2d 84 (2004)

2004 SD 68

STATE of South Dakota, Plaintiff and Appellee, v. Carlos MESA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 19, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota Attorneys for plaintiff and appellee.

Rick L. Ramstad of Wilka and Ramstad, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

SABERS, Justice.

[¶ 1.] Carlos Mesa was convicted by a jury of second degree rape in violation of SDCL 22-22-1(3) and second degree burglary, in violation of SDCL 22-32-3. Mesa appeals, alleging 1) the trial court constructively amended the indictment; and 2) the evidence was insufficient to sustain a conviction for second degree rape. We affirm.

FACTS

[¶ 2.] On August 2, 2002, BB, the twenty-two year old victim, went out for the evening...

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