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MARTINEZ v. STATE

No. 68, September Term, 1986.

309 Md. 124 (1987)

522 A.2d 950

NELSON MARTINEZ v. STATE OF MARYLAND.

Court of Appeals of Maryland.

March 27, 1987.

Attorney(s) appearing for the Case

Laurie I. Mikva, Asst. Public Defender (Alan H. Murrell, Public Defender on the brief), Baltimore, for appellant.

Jullyn K. Schulze, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on the brief), Baltimore, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ. and MARVIN H. SMITH, Associate Judge of The Court of Appeals of Maryland (retired), Specially Assigned.

COUCH, Judge.

Nelson Martinez, the appellant, appeals his conviction in the Circuit Court for Montgomery County for third degree sexual offense and false imprisonment. We shall reverse his conviction and order a new trial for the reasons set forth below.

THE FACTS1

On August 21, 1984, the victim, a nine year old girl, was walking with her cousin, also age nine, in a park near the latter's home when they were approached...

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