STATE v. EVANS

No. 18290.

807 P.2d 62 (1991)

119 Idaho 383

STATE of Idaho, Plaintiff-Respondent, v. Daniel EVANS, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied February 28, 1991.

Petition for Review Denied April 3, 1991.


Attorney(s) appearing for the Case

Michael J. Wood and Lisa A. Barini-Garcia (argued), Twin Falls, for defendant-appellant.

Jim Jones, Atty. Gen., James E. Leuenberger, Deputy Atty. Gen. (argued), Boise, for plaintiff-respondent.


WALTERS, Chief Judge.

Daniel Evans was convicted by a jury of second degree burglary following his attempt to redeem a falsified recycling ticket. Evans contends that the district court erred by refusing to inform the jury on the law supporting his theory of the case. Evans also avers that the court erroneously instructed the jury on theft by deception. As explained below, we vacate the judgment of conviction and remand the case to the district court for a new trial...

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