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STATE v. GONZALES

No. 31976.

171 P.3d 266 (2007)

STATE of Idaho, Plaintiff-Respondent, v. Jose Alfred GONZALES, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied November 19, 2007.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Heather M. Carlson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Thomas Tharp, Deputy Attorney General, Boise, for respondent.

PERRY, Chief Judge.

Jose Alfred Gonzales appeals from the district court's judgment of conviction and order of restitution. For the reasons set forth below, we vacate Gonzales's judgment of conviction as it pertains to conditions of his probation, reverse the order of restitution, and remand for further proceedings consistent with this opinion.

I.

FACTS AND PROCEDURE

The state charged Gonzales with unlawful penetration by use of a foreign...

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