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STATE v. FERNANDEZ

No. 19173.

859 P.2d 1389 (1993)

STATE of Idaho, Plaintiff-Respondent, v. Alejandro FERNANDEZ, Defendant-Appellant.

Supreme Court of Idaho, Pocatello, April 1993 Term.

September 27, 1993.

Attorney(s) appearing for the Case

Randall D. Schulthies, Pocatello, for defendant-appellant.

Larry EchoHawk, Atty. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent. Myrna A.I. Stahman argued.

BISTLINE, Justice.

Alejandro Fernandez, appellant, contends that the prosecutor's cross-examination, rebuttal testimony, and closing remarks during trial on a charge of delivery of a controlled substance violated the Idaho Rules of Evidence and should not have been permitted. For the reasons stated below we reverse the judgment of the district court and remand the cause for a new trial.

BACKGROUND

On January 24, 1990, Brian Evans, the brother of...

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