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STATE v. REYES

No. 29097.

80 P.3d 1103 (2003)

139 Idaho 502

STATE of Idaho, Plaintiff-Appellant, v. Heraclio REYES, Jr., Defendant-Respondent.

Court of Appeals of Idaho.

November 26, 2003.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Clark Feeney, Lewiston, for respondent. Paul Thomas Clark argued.

PERRY, Judge.

The state appeals from the decision of the district court affirming the magistrate's order reducing a charge of felony domestic violence to misdemeanor domestic battery. We reverse the district court and remand for further proceedings.

I.

FACTS AND PROCEDURE

During a dispute between Heraclio Reyes, Jr. and his wife, Reyes picked his wife up and threw her to the floor, causing injury...

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