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STATE v. AVERY

No. 12896.

599 P.2d 300 (1979)

100 Idaho 409

STATE of Idaho, Plaintiff-Respondent, v. Glenn Leroy AVERY, Defendant-Appellant.

Supreme Court of Idaho.

September 7, 1979.

Attorney(s) appearing for the Case

Peter D. McDermott of McDermott & McDermott, Pocatello, for defendant-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-respondent.

PER CURIAM.

Appellant Glenn Avery was initially charged and arraigned on Count I, First Degree Burglary; Count II, First Degree Burglary; and Count III, Attempted First Degree Burglary. Appellant initially raised a mental illness defense to all three charges, which defense was denied by the court. As the result of a plea bargain, appellant thereafter withdrew the mental illness plea and pleaded guilty to Count I, First Degree Burglary. The prosecution then moved to...

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