STATE v. HERNANDEZ

No. 18946.

818 P.2d 768 (1991)

120 Idaho 653

STATE of Idaho, Plaintiff-Respondent, v. Mario Albert HERNANDEZ, Sr., Defendant-Appellant.

Court of Appeals of Idaho.

September 5, 1991.


Attorney(s) appearing for the Case

May & May Law Offices; Thomas D. Kershaw, Jr., Twin Falls, for defendant-appellant.

Larry J. EchoHawk, Atty. Gen., Jack B. Haycock, Deputy Atty. Gen., Boise, for plaintiff-respondent.


WALTERS, Chief Judge.

Mario Hernandez was found guilty by a jury of the aggravated battery of his ex-wife. On appeal, he asserts five errors. His primary points of contention focus on the court's enhancement of his sentence after concluding that he had used a deadly weapon. Hernandez argues that the court erred because it did not require the jury to make a separate factual finding, allegedly required by statute, that the battery was committed with a deadly weapon...

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