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STATE v. DAVIS

No. 26046.

24 P.3d 64 (2001)

135 Idaho 747

STATE of Idaho, Plaintiff-Appellant, v. John Charles DAVIS, Defendant-Respondent.

Supreme Court of Idaho.

May 15, 2001.

Attorney(s) appearing for the Case

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

Ronaldo A. Coulter, State Appellate Public Defender, Boise, for respondent. Sara B. Thomas argued.

KIDWELL, Justice.

This case involves an appeal from the decision of the district court, interpreting the meaning of I.C. § 18-918(3). On appeal, the State claims that the statute is not unconstitutionally overbroad and thus the decision of the district court should be overturned. We agree.

I.

FACTS AND PROCEDURAL BACKGROUND

On August 24, 1998, John C. Davis was charged with "DOMESTIC BATTERY," in violation of I.C. § 18-918, as...

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