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STATE v. MARTINEZ

No. 20994.

891 P.2d 1061 (1995)

126 Idaho 801

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

Court of Appeals of Idaho.

March 27, 1995.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., Boise; Kipp L. Manwaring, Sp. Deputy Atty. Gen., Rexburg, for appellant. Kipp L. Manwaring argued.

W. Brent Eames, Rexburg, for respondent.

LANSING, Judge.

The State of Idaho appeals from an order of the district court granting Rubio Alejandro Martinez's motion to dismiss an information charging him with burglary, I.C. § 18-1401, by having aided and abetted the commission of burglary by an accomplice. At issue is whether Martinez's accomplice committed burglary when he reached through an open window of a truck and stole a cassette player from within. We hold that this act did not fall within the...

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