State v. Torres

LOCKWOOD, Chief Justice.

Ma.tias Torres, the defendant, was charged with first degree rape. He waived a jury, was found guilty, received a sentence of 12-14 years in prison, and has appealed. The principal issue raised is whether the state proved penetration beyond a reasonable doubt.

This problem arose almost immediately, when the county attorney, in his opening argument, stated that the victim of the crime would testify that the defendant:

“ * * * took out this thing between his legs and placed it between her legs and rubbed it up and down and across what we know as the vaginal area and what…