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STATE v. SUMMER

No. 27818.

76 P.3d 963 (2003)

139 Idaho 219

STATE of Idaho, Plaintiff-Respondent, v. D. Scott SUMMER, Defendant-Appellant.

Supreme Court of Idaho, Boise, March 2003 Term.

Rehearing Denied September 22, 2003.

Attorney(s) appearing for the Case

Nevin, Herzfield, Benjamin & McKay, Boise, for appellant. David Z. Nevin argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

SCHROEDER, Justice.

D. Scott Summer (Summer) appeals his conviction of theft by deception on the grounds that the indictment against him omitted one of the elements of the crime charged, that the grand jury indictment was flawed because it was brought by the Idaho Attorney General who did not have jurisdiction to do so, and that there was insufficient evidence to present the charge to the trial jury. Summer also challenges whether third parties, i.e. lawyers...

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