State v. Midgett

ZINTER, Justice.

[¶ 1.] Timothy Midgett was convicted of second degree rape. He appeals 1 his conviction and the denial of a motion for new trial. We reverse and remand.

Facts and Procedural History

[¶ 2.] The incident in dispute occurred on March 14, 2002, when K.R.B. was at the apartment of a friend named S.A. K.R.B. planned to stay overnight watching movies, TV, and listening to music. S.A. lived with her mother and brothers on the top floor of the apartment building. Midgett lived on the bottom floor of that same apartment building. Both S.A. and K.R.B. had met Midgett before. Midgett often…