State v. Derek Edward Moad

LANSING, Judge.

Derek Edward Moad appeals from his convictions for male rape and battery with intent to commit a serious felony. 1 Moad contends, for the first time on appeal, that the district court’s imposition of punishment for both crimes violates his right to be free from double jeopardy under the United States and Idaho Constitutions.

I

BACKGROUND

Based upon a sexual attack on his cellmate, Moad was indicted for male rape, Idaho Code § 18-6108, and battery with intent to commit a serious felony (rape or the infamous crime against nature), I.C. § 18-903, 18-911. The indictment alleged:

COUNT I