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STATE v. CLARK

No. 24154.

971 P.2d 1161 (1998)

132 Idaho 337

STATE of Idaho, Plaintiff-Respondent, v. Thomas Edward CLARK, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied February 25, 1999.

Attorney(s) appearing for the Case

Wiebe & Fouser, Canyon County Public Defender; Matthew J. Roker, Deputy Public Defender, Caldwell, for defendant-appellant. Matthew J. Roker argued.

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

PERRY, Judge.

Thomas Edward Clark appeals from a judgment of conviction for two counts of lewd and lascivious conduct. I.C. § 18-1508. The jury also found him to be a persistent violator. I.C. § 19-2514. On appeal, Clark challenges the finding that he was a persistent violator. Clark also challenges his sentence, claiming it was excessive. We find the first issue dispositive, vacate the district court's judgment of conviction and remand for resentencing...

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