STATE v. SMITH

No. 17334.

777 P.2d 1226 (1989)

116 Idaho 553

STATE of Idaho, Plaintiff-Respondent, v. Wilburn Arthur SMITH, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied August 28, 1989.


Attorney(s) appearing for the Case

John C. Judge, Siebe, Landeck, Westberg & Judge, Moscow, for defendant-appellant.

Jim Jones, Atty. Gen. by Peter C. Erbland, Deputy Atty. Gen., Boise, for plaintiff-respondent.


BURNETT, Judge.

This case presents a potpourri of issues relating to a conviction of first degree burglary and to a determination that the defendant is a persistent violator. The convicted defendant, Wilburn Smith, asserts that his trial on the burglary charge was tainted by a denial of due process because (1) the court admitted unreliable identification testimony; (2) an alleged accomplice invoked the Fifth Amendment privilege...

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