State v. Cariaga

DONALDSON, Justice.

This case presents to the Court the question of whether a conviction for being a common prostitute on a charge of soliciting and offering to engage in lewd sexual acts for hire and engaging in an act of prostitution is a variance between the charge and the conviction that requires that the conviction be reversed. For reasons that will be discussed, we conclude that the conviction must be reversed because of the variance between the charged crime and the conviction.

On July 13, 1971, the appellant, Josephine Cariaga, was arrested by an undercover police agent of the Boise…