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STATE v. WUTHRICH

No. 15783.

732 P.2d 329 (1986)

112 Idaho 360

STATE of Idaho, Plaintiff-Respondent, v. Michael Eugene WUTHRICH, Defendant-Appellant.

Court of Appeals of Idaho.

Addendum January 13, 1987.

Attorney(s) appearing for the Case

Daniel P. Featherston, Sandpoint, for defendant-appellant.

Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen., and Michael A. Henderson, Deputy Atty. Gen., Boise, for plaintiff-respondent.

BURNETT, Judge.

Michael Wuthrich stands convicted by a jury of lewd and lascivious conduct with a minor. On appeal he asks us to set aside the judgment because he was not represented by counsel at the outset of his preliminary hearing. Our review encompasses two issues: (1) Did the magistrate err by starting the preliminary hearing without counsel present? (2) Was the error rendered harmless by subsequently affording Wuthrich an opportunity to obtain an attorney?...

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