LOCKWOOD, Chief Justice.
Matias 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:
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