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STATE v. MACK

No. 23579

974 P.2d 1109 (1999)

132 Idaho 480

STATE of Idaho, Plaintiff-Appellant, v. John William MACK, Defendant-Respondent.

Court of Appeals of Idaho.

February 24, 1999.

Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General; Catherine O. Derden, Deputy Attorney General, Boise, for appellant. Catherine O. Derden argued.

Rude, Jackson & Daugharty, Coeur d'Alene, for respondent. Mark A. Jackson argued.

LANSING, Judge

John Mack was charged with providing false information to an insurance company regarding repair work performed at his auto body shop. A jury found Mack guilty. Thereafter, Mack filed a motion for a new trial. The district court granted a new trial, but on a ground not raised by Mack. On appeal, the State contends that the district court did not have the authority to order a new trial on a ground raised sua sponte and that, if it did possess such...

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