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STATE v. JONES

No. 39519.

299 P.3d 219 (2013)

STATE of Idaho, Plaintiff-Respondent, v. Russell G. JONES, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 2013 Term.

April 1, 2013.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender, Boise, for appellant. Sarah E. Tompkins argued.

Honorable Lawrence G. Wasden , Attorney General of Idaho, Boise, for respondent. Kenneth K. Jorgensen argued.

J. JONES, Justice.

Russell G. Jones appealed his conviction by an Elmore County jury on two counts of rape. The case was initially heard by the Idaho Court of Appeals, which affirmed on one count and reversed on the second.1 Jones sought review, which we granted in order to consider the force and resistance necessary with respect to a charge of forcible rape.

I.

FACTUAL AND PROCEDURAL HISTORY

In the spring of...

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