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STATE v. METZGAR

No. 15794.

710 P.2d 642 (1985)

109 Idaho 732

STATE of Idaho, Plaintiff-Respondent, v. Terry METZGAR, aka Wayne Cunningham, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied January 29, 1986.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender, Boise, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

WALTERS, Chief Judge.

Terry Metzgar was convicted of aggravated assault by a jury and was sentenced to the custody of the Board of Correction for an indeterminate term of five years. Metzgar's sentence was enhanced by a five-year consecutive term because he had used a firearm in the assault. On appeal, Metzgar raises two issues. First, he asserts that the state failed to prove that an operable firearm as defined in I.C. ...

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