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STATE v. VELASCO

No. 38866.

300 P.3d 66 (2013)

STATE of Idaho, Plaintiff-Respondent, v. Manuel Garcia VELASCO, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied May 16, 2013.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender; Justin M. Curtis , Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden , Attorney General; Russell J. Spencer , Deputy Attorney General, Boise, for respondent.

GRATTON, Judge.

Manuel Garcia Velasco appeals from the district court's judgment of conviction and sentence for lewd conduct with minor child under sixteen, Idaho Code § 18-1508. We vacate and remand for resentencing.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Prior to conviction, the district court ordered a competency evaluation pursuant to I.C. § 18-211. The evaluation found that Velasco...

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