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STATE v. GARDINER

No. 20889.

898 P.2d 615 (1995)

127 Idaho 156

STATE of Idaho, Plaintiff-Respondent Cross-Appellant, v. Daniel E. GARDINER, Defendant-Appellant Cross-Respondent.

Court of Appeals of Idaho.

Petition for Review Denied August 3, 1995.

Attorney(s) appearing for the Case

Knowlton, Miles, Merica & Brudie, P.A., Lewiston, for appellant. Charles A. Kovis argued.

Alan G. Lance, Atty. Gen., Douglas A. Werth, Deputy Atty. Gen., Boise, for respondent. Douglas A. Werth argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for amicus curiae, Blue Cross of Idaho Health Services, Inc. and Medical Services Bureau of Idaho, Inc.

WALTERS, Chief Judge.

Daniel Gardiner appeals from a judgment of conviction for felony injury to a child, I.C. § 18-1501(1), and from his sentence of not less than eight nor more than ten years. The state cross-appeals from an order denying restitution to the victim's insurer, Blue Cross. We uphold Gardiner's conviction and sentence and affirm the district court's order denying restitution to Blue Cross.

FACTS AND PROCEDURAL BACKGROUND

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