Idaho Court of Appeals October 30, 1995, 21599 (State v. Brashier)

LANSING, Judge.

Johnny Lynn Brashier appeals following his conviction for committing the infamous crime against nature, I.C. § 18-6605. In the district court he filed two motions to dismiss the charge. His first motion asserted that an element of the offense, the penetration of the victim, had not been proved at the preliminary hearing.