State v. Jesse Elias

HORTON, Justice.

Jesse Elias appeals from his judgment of conviction for forcible sexual penetration by *513use of a foreign object. This case comes before us on review of a decision from the Idaho Court of Appeals. We hold that that the State provided insufficient evidence to support the conviction and therefore reverse the judgment of conviction.

I. FACTUAL AND PROCEDURAL BACKGROUND

On July 19, 2010, around 10:30 p.m., S.S. put her two young children (three and five years old) to sleep in her bed and shortly thereafter joined them. Hours later, at approximately 3:30 a.m. on July 20, 2010, S.S.…