PIERCE, Justice, for the Court:
¶ 1. Carey Jason Witten was convicted in Sacramento County, California, of oral copulation and rape of a person "... unconscious of the nature of the act ..." in violation of California Penal Code Sections 261(a)(4) and 288(a)(f). Upon his conviction, Witten was granted five years' probation, and he received an order of dismissal
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