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STATE v. SHERROD

No. 22962.

951 P.2d 1283 (1998)

131 Idaho 56

STATE of Idaho, Plaintiff-Respondent, v. Adam P. SHERROD, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied February 9, 1998.

Attorney(s) appearing for the Case

E. Scott Paul, Blaine County Public Defender, Twin Falls, for Defendant-Appellant.

Alan G. Lance, Attorney General, Kenneth M. Robins, Deputy Attorney General (argued), Boise, for Plaintiff-Respondent.

LANSING, Chief Judge.

Adam P. Sherrod appeals from a judgment of conviction for aggravated battery, I.C. § 18-907. He argues that the district court gave an erroneous jury instruction which allowed the jury to find Sherrod guilty of a crime with which he was not charged. We find Sherrod's argument to be meritorious, and we hold that the variance between the charging instrument and the jury's instructions was fatal to this conviction.

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