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STATE v. KERCHUSKY

No. 27998.

67 P.3d 1283 (2003)

138 Idaho 671

STATE of Idaho, Plaintiff-Respondent, v. Gregory Paul KERCHUSKY, Defendant-Appellant.

Court of Appeals of Idaho.

April 22, 2003.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Sara B. Thomas, Deputy Appellate Public Defender, Boise, for appellant. Sara B. Thomas argued.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

LANSING, Chief Judge.

This is an appeal from a judgment of conviction for robbery. Gregory Kerchusky claims that the district court committed fundamental error at trial by admitting evidence of Kerchusky's silence prior to his arrest and prior to Miranda1 warnings, that the court erred by excluding defense evidence that two other persons had access to a wig like the one worn by the robber, and that the sentence imposed was excessive...

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