STATE v. PRATHER

No. 25476.

25 P.3d 83 (2001)

135 Idaho 770

STATE of Idaho, Plaintiff-Respondent, v. Bryon E. PRATHER, Defendant-Appellant.

Supreme Court of Idaho. Boise, December 2000 Term.

May 15, 2001.


Attorney(s) appearing for the Case

Wiebe & Fouser, Canyon County Public Defenders, Caldwell, for appellant.

Hon. Alan G. Lance, Attorney General, Boise, for respondent.


KIDWELL, Justice.

This case involves an appeal from the decision of a district court, interpreting the meaning of I.C. § 18-918(3). On appeal, the defendant claims that the statute is unconstitutionally vague and should be overturned, and that it improperly shifts the burden of proof. The decision of the district court is affirmed.

I.

FACTS AND PROCEDURAL BACKGROUND

On July 8, 1998, Bryon E. Prather was charged by criminal complaint...

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