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STATE v. IVEY

No. 19328.

844 P.2d 703 (1992)

123 Idaho 74

STATE of Idaho, Plaintiff-Respondent, v. Benjamin David IVEY, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 1992 Term.

December 31, 1992.

Attorney(s) appearing for the Case

Van G. Bishop, Nampa, for defendant-appellant.

Larry EchoHawk, Atty. Gen. and Lynn E. Thomas, Deputy Atty. Gen., argued, Boise, for respondent.

STATEMENT OF THE CASE

McDEVITT, Justice.

Appellant Benjamin David Ivey was tried by a jury and convicted of the first degree murder of Marlene Friesen. Subsequently, a somewhat confusing series of events occurred. Appellant wrote a letter to the trial court in the form of a petition requesting a stay of the sentencing proceeding in order that appellant could procure evidence for an evidentiary hearing on a motion for mistrial and obtain new counsel, and...

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