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STATE v. MARTIN

No. 14374.

657 P.2d 492 (1983)

104 Idaho 195

STATE of Idaho, Plaintiff-Respondent, v. Leroy Novell MARTIN, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied February 28, 1983.

Attorney(s) appearing for the Case

Frederick G. Loats, Nordlof & Loats, Coeur d'Alene, for defendant-appellant.

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

PER CURIAM.

The question presented is whether disposing of stolen property is a lesser included offense of second degree burglary.1 Appellant Martin stands convicted of two counts of second degree burglary. On appeal he challenges the district court's refusal to instruct the jury that disposing of stolen property is a lesser included offense. We hold that the district court acted correctly, and we affirm the judgment of conviction.

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