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STATE v. CATES

No. 17080.

785 P.2d 654 (1989)

117 Idaho 90

STATE of Idaho, Plaintiff-Respondent, v. Gary John CATES, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied January 15, 1990.

Attorney(s) appearing for the Case

Jarman and Tranmer, Pocatello, for defendant-appellant. A. Dean Tranmer argued.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, for plaintiff-respondent. Lynn E. Thomas argued.

WALTERS, Chief Judge.

Gary Cates was found guilty by a jury of aggravated battery, I.C. § 18-907, and of using a firearm in the commission of the battery, I.C. § 19-2520. He received an indeterminate six-year sentence for the battery, enhanced by an indeterminate three-year term on the firearm charge. On appeal, Cates raises the following issues. He contends the evidence was insufficient to support the jury's verdict finding him guilty of aggravated battery...

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