South Dakota Supreme Court May 19, 2004, None (State v. Mesa)

SABERS, Justice.

[¶ 1.] Carlos Mesa was convicted by a jury of second degree rape in violation of SDCL 22-22-1(3) and second degree burglary, in violation of SDCL 22-32-3. Mesa appeals, alleging 1) the trial court constructively amended the indictment; and 2) the evidence was insufficient to sustain a conviction for second degree rape. We affirm.

FACTS

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