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STATE v. PAGE

No. 24960.

16 P.3d 890 (2000)

135 Idaho 214

STATE of Idaho, Plaintiff-Respondent, v. Rodney Benson PAGE, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 2000 Term.

Rehearing Denied January 25, 2001.

Attorney(s) appearing for the Case

Matthews Law Offices, Boise, for appellant. Ellison M. Matthews argued.

Hon. Alan G. Lance, Attorney General, Boise, for respondent. Kenneth K. Jorgenson argued.

SCHROEDER, Justice.

Rodney Benson Page (Page) appeals the judgment of conviction and sentence entered against him for the crime of aggravated assault.

I.

BACKGROUND AND PRIOR PROCEEDINGS

Around 1:00 a.m., on August 31, 1997, James Atkinson (Atkinson) was driving a Dodge Stealth in which Page was the only passenger. Atkinson "peeled-out" while in a downtown parking lot in Boise which drew the...

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