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STATE v. MERWIN

No. 23467.

962 P.2d 1026 (1998)

131 Idaho 642

STATE of Idaho, Plaintiff-Respondent, v. Kevin Brent MERWIN, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 1998 Term.

July 1, 1998.

Attorney(s) appearing for the Case

Frederick G. Loats, Coeur d'Alene, for appellant.

Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

TROUT, Chief Justice.

This case involves an appeal from a conviction and sentence for felony injury to a child.

I.

BACKGROUND

On July 18, 1995, appellant Kevin Brent Merwin (Merwin) was left to care for his three children from a previous marriage along with the two children of his then girlfriend, now wife, Michelle Buss-Merwin (Buss-Merwin). During the morning, Merwin supervised the children as they played outdoors in a small pool. At...

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