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STATE v. DYE

No. 19031.

858 P.2d 789 (1993)

124 Idaho 250

STATE of Idaho, Plaintiff-Respondent, v. Alvin Ervin DYE, a/k/a James L. King, a/k/a Butch, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied September 28, 1993.

Attorney(s) appearing for the Case

D. Ray Barker, Moscow, for defendant-appellant.

Larry EchoHawk, Atty. Gen. and Douglas A. Werth, Deputy Atty. Gen., Boise, for plaintiff-respondent. Douglas A. Werth argued.

SWANSTROM, Judge.

The state charged Alvin Ervin Dye with attempted rape, I.C. § 18-6101; crime against nature, I.C. § 18-6605; first degree kidnapping, I.C. §§ 18-4501, -4502; and battery with the intent to commit a serious felony, I.C. § 18-911. The state also sought to subject Dye to an extended sentence under I.C. § 19-2514 as a persistent violator based on two prior felony convictions. At trial, after the state had presented its opening...

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