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STATE v. ELISONDO

No. 17209.

757 P.2d 675 (1988)

114 Idaho 412

STATE of Idaho, Plaintiff-Respondent, v. Richard ELISONDO, Defendant-Appellant.

Supreme Court of Idaho.

Petition for Rehearing Denied July 28, 1988.

Attorney(s) appearing for the Case

Renae Hoff, Caldwell, for defendant-appellant.

Jim Jones, Atty. Gen., David R. Minert, Deputy Atty. Gen. (argued), Boise, for plaintiff-respondent.

SHEPARD, Chief Justice.

This is a review of the decision of the Court of Appeals (State v. Elisondo, 112 Idaho 815, 736 P.2d 867 (1987), in which appellant Elisondo's conviction for aggravated battery was affirmed. The dispositive issue here is the admission at trial of the preliminary hearing testimony of an eyewitness to the crime. Prior to 1981 the decisions of this Court prohibited...

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