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STATE v. LUKE

No. 24465.

1 P.3d 795 (2000)

134 Idaho 294

STATE of Idaho, Plaintiff-Respondent, v. Henry William LUKE, Defendant-Appellant.

Supreme Court of Idaho. Coeur d'Alene, October 1999 Term.

April 26, 2000.

Attorney(s) appearing for the Case

John M. Adams, Kootenai County Public Defender, Coeur d'Alene, for appellant. J. Bradford Chapman argued.

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

KIDWELL, Justice.

This criminal appeal arises from a judgment of conviction for attempted second degree murder and for burglary. The appellant claims that the jury verdict was the result of errors committed by the prosecutor and the district court. We affirm the conviction for burglary and vacate the conviction for attempted murder.

I.

FACTS AND PRIOR PROCEEDINGS

On December 3, 1996, Dorothy Kjera's son-in-law found Kjera in her home severely...

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