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STATE v. HART

No. 26119.

25 P.3d 850 (2001)

135 Idaho 827

STATE of Idaho, Plaintiff-Appellant-Cross-Respondent, v. Dale Lee HART, Defendant-Respondent-Cross-Appellant.

Supreme Court of Idaho.

May 31, 2001.

Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General, Boise, for appellant. Karen Hudelson, Deputy Attorney General, argued.

Wm. J. Brauner, P.A., Caldwell, for respondent. Timothy W. Spencer argued.

TROUT, Chief Justice.

This is an appeal from an order of the district court granting Dale Lee Hart's ("Hart") motion to dismiss the criminal charge of felony domestic violence. Hart cross-appeals claiming the felony domestic violence statute is unconstitutionally vague and violates equal protection.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Hart lived in Nampa with his wife, Lorraine. On June 4, 1999, after the couple returned home from a birthday...

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