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STATE v. ROMERO

No. 18491.

815 P.2d 453 (1991)

120 Idaho 255

STATE of Idaho, Plaintiff-Respondent, v. Miguel Acuna ROMERO, Defendant-Appellant.

Supreme Court of Idaho.

August 30, 1991.

Attorney(s) appearing for the Case

Whittier, McDougall, Souza, Murray & Clark, Pocatello, for defendant-appellant. Isaac McDougall, argued.

Jim Jones, Atty. Gen., Lynn E. Thomas (argued), Deputy Atty. Gen., for plaintiff-respondent.

Prior Report: 120 Idaho 261, 815 P.2d 459.

DISSENT ON DENIAL OF PETITION FOR REVIEW

BISTLINE, Justice, dissenting from the denial of the petition for review.

PART I

Miguel Romero was charged with first degree murder, but the jury, after hearing the evidence and being instructed on the law by the court, found he was only guilty of the lesser included offense of voluntary manslaughter. The trial court, Judge Hargraves presiding, imposed a 15 year fixed sentence, the maximum allowed...

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