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STATE v. SETZER

No. 26569.

36 P.3d 829 (2001)

136 Idaho 477

STATE of Idaho, Plaintiff-Respondent, v. Charles William SETZER, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied December 18, 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; T. Paul Krueger II, Deputy Attorney General, Boise, for respondent. T. Paul Krueger II argued.

LANSING, Judge.

Charles W. Setzer appeals from his judgment of conviction for sexual abuse of a minor. He contends that there was error in the district court's failure to give a jury instruction on a lesser included offense and in the district court's refusal to consider three juror affidavits that formed the basis of a motion for a new trial.

I.

FACTS AND PROCEDURAL HISTORY

Setzer was attending...

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