Legal Opinion

State v. Lopez

Idaho Court of Appeals

Decided March 6, 1995No. 20938PublishedCited by 2 opinions

1Opinion of the Court

PERRY, Judge.

In this ease we review whether a jury was properly instructed regarding the elements of rape. Further, we must determine whether acquittal on an infamous crime against nature count necessitates entry of a judgment of acquittal on a rape count because the verdicts are inconsistent. We also are asked to review a sentence imposed on the conviction for rape.

FACTS AND PROCEDURE

On the night of March 1, 1993, Alex Lopez met the victim on a downtown Boise street. He began walking with her and talking to her about his need for gas money. The victim, who was on her way to meet friends,…

2Cases cited21 opinions

  1. United States v. PowellSupreme Court of the United States · 1984
  2. Dunn v. United StatesSupreme Court of the United States · 1932
  3. State v. ToohillIdaho Court of Appeals · 1982
  4. State v. ReinkeIdaho Court of Appeals · 1982
  5. State v. SanchezIdaho Court of Appeals · 1989

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3Cited by2 opinions

  1. State v. CarlsonIdaho Court of Appeals · 2000
  2. State v. PurdieIdaho Court of Appeals · 2007

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