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KIMBERLY v. STATE

No. 17326.

757 P.2d 1326 (1988)

Leonard Cleon KIMBERLY, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

July 14, 1988.

Attorney(s) appearing for the Case

Jeffrey D. Sobel, Las Vegas, for appellant.

Brian McKay, Atty. Gen., Carson City, Rex A. Bell, Dist. Atty., and James Tufteland, Deputy Dist. Atty., Las Vegas, for respondent.

OPINION

PER CURIAM:

Leonard Cleon Kimberly stands convicted of the sexual assault of another man, one Leland Horrocks. Horrocks claims that he was sleeping on Kimberly's couch in Kimberly's mobile home and awoke at around 3:00 a.m. to find that his Levis were unbuttoned and that Kimberly was fellating him. Horrocks did not say anything to Kimberly at that time; instead, Horrocks rolled over and waited for Kimberly to leave the room. After Kimberly left the...

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