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STATE v. BUTTON

No. 24102.

11 P.3d 483 (2000)

134 Idaho 864

STATE of Idaho, Plaintiff-Respondent, v. Peter BUTTON, Defendant-Appellant.

Court of Appeals of Idaho.

September 18, 2000.

Attorney(s) appearing for the Case

John J. Hansen, Twin Falls County Public Defender; Wells B. Ashby, Deputy Public Defender, Twin Falls, for appellant. Wells B. Ashby argued.

Hon. Alan G. Lance, Attorney General; Alison A. Stieglitz, Deputy Attorney General, Boise, for respondent. Alison A. Stieglitz argued.

SCHWARTZMAN, Judge.

Peter Button was found guilty, after a second jury trial, of lewd conduct with a minor child under sixteen years of age. Button was sentenced to seven years, with three years fixed; the sentence was suspended and Button was placed on four years probation. Button appeals. We reverse.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Button was indicted for lewd conduct with a minor child under sixteen years of age. I.C. § 18...

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