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STATE v. LOVELACE

Nos. 24373, 26927.

90 P.3d 298 (2004)

140 Idaho 73

STATE of Idaho, Plaintiff-Respondent, v. Faron E. LOVELACE, Defendant-Appellant. Faron Earl Lovelace, Petitioner-Appellant, v. State of Idaho, Respondent.

Supreme Court of Idaho, Boise, February 2004 Term.

April 22, 2004.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Mark James Ackley, Deputy State Appellate Public Defender, Boise, for appellant. Mark James Ackley argued.

Hon. Lawrence G. Wasden, Attorney General; L. LaMont Anderson, Deputy Attorney General, Boise, for respondent. L. LaMont Anderson argued.

BURDICK, Justice.

ON REHEARING

Following the Court's July 23, 2003, opinion affirming the conviction and remanding the case for resentencing, Lovelace and the State filed separate petitions for rehearing. This Court granted the petitions by order dated November 20, 2003. We do not revisit any of the other issues decided in the original opinion dated July 23, 2003.

ISSUES RAISED ON REHEARING

1. Did...

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