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STATE v. BUCKLEY

No. 24217.

953 P.2d 604 (1998)

131 Idaho 164

STATE of Idaho, Plaintiff-Respondent, v. Daniel W. BUCKLEY, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 1998 Term.

March 10, 1998.

Attorney(s) appearing for the Case

John M. Adams, Chief Public Defender, J. Bradford Chapman, Deputy Public Defender, Coeur d'Alene, for appellant. J. Bradford Chapman argued.

Hon. Alan G. Lance, Attorney General; Catherine O. Derden, Deputy Attorney General; Myrna A.I. Stahman, Deputy Attorney General, Boise, for respondent. Catherine O. Derden argued.

JOHNSON, Justice.

This is a criminal case. We vacate the conviction and sentence because the trial court incorrectly instructed the jury on the findings they were required to make to convict the defendant.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

Daniel W. Buckley (Buckley) shot Michael Byrnes (Byrnes) during a dispute over a debt Byrnes owed to Buckley's girlfriend. Buckley was charged with attempted first degree murder and pled not guilty...

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