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STATE v. TOMES

No. 18436.

801 P.2d 1303 (1990)

118 Idaho 952

STATE of Idaho, Plaintiff-Respondent, v. Willis Ray TOMES, Defendant-Appellant.

Court of Appeals of Idaho.

November 30, 1990.

Attorney(s) appearing for the Case

Michael J. Wood, Twin Falls County Public Defender; Kirk A. MacGregor, Deputy Public Defender, of Twin Falls, for appellant. Kirk A. MacGregor argued.

Jim Jones, Atty. Gen., James E. Leuenberger, Deputy Atty. Gen., of Boise, for respondent. James E. Leuenberger argued.

SILAK, Judge.

A jury found Willis Ray Tomes guilty of grand theft (auto), I.C. §§ 18-2403(1), 18-2407(1), and the district court imposed a unified sentence of six years in prison with a one-year minimum period of confinement. Tomes appeals from the judgment of conviction, arguing that the trial judge erred by refusing Tomes' request to instruct the jury that it could consider whether Tomes committed the misdemeanor offense of driving a vehicle without the...

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