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  5. 957 P.2d 1099 (1998)
 

STATE v. HERRERA-BRITO

No. 23206.

957 P.2d 1099 (1998)

131 Idaho 383

STATE of Idaho, Plaintiff-Respondent, v. Urbano HERRERA-BRITO, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied June 9, 1998.

Attorney(s) appearing for the Case

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

Alan G. Lance, Attorney General; Kevin J. Wladyka, Deputy Attorney General, Boise, argued, for respondent.

PERRY, Judge.

Urbano Herrera-Brito appeals from his judgment of conviction and sentence for attempted second degree murder, I.C. §§ 18-4001, 4002, 4003, and the sentence enhancement imposed for the use of a firearm during the commission of the crime, I.C. § 19-2520. We vacate the judgment of conviction and remand to the district court.

I.

FACTS AND PROCEDURE

Around midnight on April 4, 1995, Herrera-Brito sat in a bar in...

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