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STATE v. DRAGOMAN

No. 22782.

944 P.2d 134 (1997)

130 Idaho 537

STATE of Idaho, Plaintiff-Respondent, v. Michael Francis DRAGOMAN, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied October 6, 1997.

Attorney(s) appearing for the Case

Hart & Kohler Law Offices, Idaho Falls, for appellant. Jay A. Kohler argued, Idaho Falls.

Alan G. Lance, Attorney General; John C. McKinney, Deputy Attorney General, argued, Boise, for respondent.

PERRY, Judge.

Michael Francis Dragoman appeals from his judgment of conviction for two counts of attempted kidnapping in the second degree. I.C. §§ 18-4501, -4503, and -306. Dragoman asserts that the district court erred in: (1) refusing to permit his expert witness to testify about whether an average person with a blood alcohol concentration (BAC) equivalent to Dragoman's could have formed the necessary intent to commit the offenses; (2) refusing to instruct...

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