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STATE v. STATE, DEPT. OF HEALTH & WELFARE

No. 20176.

869 P.2d 227 (1994)

125 Idaho 227

STATE of Idaho, Plaintiff-Real Party in Interest-Respondent, v. Joe "Baby" Bernal, Defendant, and STATE of Idaho, DEPARTMENT OF HEALTH & WELFARE, Real Party in Interest-Appellant.

Supreme Court of Idaho, Boise, December 1993 Term.

January 14, 1994.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., Boise, and Craig G. Bledsoe, Caldwell, for appellant. Craig G. Bledsoe argued.

Larry EchoHawk, Atty. Gen., and Jean R. Uranga, Boise, for respondent. Jean R. Uranga argued.

PER CURIAM.

I

BACKGROUND AND PROCEDURE

On May 14, 1991, Joe "Baby" Bernal ("Bernal") broke into the home of a neighbor, struck her in the face with his fist, demanded that she give him money, and threatened to kill her. The victim escaped to a nearby house and called the police. When she returned to her home, accompanied by the police, she discovered that a microwave oven was missing.

Although Bernal was a juvenile at the time of the offense...

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