STATE v. EBY

No. 25325.

37 P.3d 625 (2001)

136 Idaho 534

STATE of Idaho, Plaintiff-Respondent, v. Daniel Lee EBY, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied May 16, 2001.


Attorney(s) appearing for the Case

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

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


LANSING, Judge.

Following a jury trial, Daniel Eby was convicted of first degree murder, conspiracy to commit robbery, and attempted robbery. On appeal, Eby asserts that the district court erred by refusing to suppress Eby's incriminating statements made to police, admitting hearsay evidence at trial, and refusing to give a jury instruction requested by Eby. He also contends that his attempted robbery conviction should be vacated because it merges into the first degree...

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