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STATE v. McLESKEY

No. 29216.

69 P.3d 111 (2003)

138 Idaho 691

STATE of Idaho, Plaintiff-Respondent-Cross Appellant, v. William E. McLESKEY, Jr., Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, April 2003 Term.

April 24, 2003.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Paul S. Sonenberg argued.

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

EISMANN, Justice.

This is an appeal from a conviction and sentence for the felony crimes of burglary and aggravated assault with a firearm. Because the district court instructed the jury that they could discuss the case among themselves during the trial, we vacate the judgment and remand this case for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

During the early morning hours of May 30, 2000, Mrs. Hossley was awakened by the sound of a vehicle...

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