STATE v. DAVIS

No. 20953.

896 P.2d 970 (1995)

127 Idaho 62

STATE of Idaho, Plaintiff-Respondent, v. Jens Randall DAVIS, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 1995 Term.

May 24, 1995.


Attorney(s) appearing for the Case

Manweiler, Bevis & Cameron, Boise, for appellant. David D. Manweiler argued.

Alan G. Lance, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., and Shawna Dunn, Legal Intern, Boise, for respondent. Shawna Dunn argued.


JOHNSON, Justice.

This is a spousal rape case. We do not address whether the trial court properly allowed testimony of a social worker concerning battered woman syndrome and post-traumatic stress disorder, because this issue was not preserved for appeal and would not be fundamental error. We hold that the trial court did not abuse its discretion in denying a new trial based on newly discovered evidence, and we uphold a fixed three-year sentence as not unreasonable...

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