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STATE v. BYINGTON

No. 24759.

977 P.2d 203 (1999)

132 Idaho 589

STATE of Idaho, Plaintiff-Respondent, v. Daryl R. BYINGTON, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 1998 Term.

March 12, 1999.

Attorney(s) appearing for the Case

Roark Law Firm, Hailey, for appellant. D. Doug Nelson argued.

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

JOHNSON, Justice Pro Tem.

This is a criminal case on review from a decision of the Court of Appeals. We adopt several portions of the Court of Appeals opinion. We add an opinion of our own concerning the standard we follow in reviewing a trial court's decision balancing the probative value of evidence against its prejudicial effect pursuant to Rule 403 of the Idaho Rules of Evidence (I.R.E.). We uphold the trial court's balancing decision.

We also add an opinion...

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