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STATE v. KORSEN

No. 28276.

69 P.3d 126 (2003)

138 Idaho 706

STATE of Idaho, Plaintiff-Appellant-Cross Respondent, v. David William KORSEN, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, January 2003 Term.

April 24, 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.

Alan E. Trimming, Ada County Public Defender; Christian Dean Collins, Deputy Public Defender, Boise, for respondent. Christian Dean Collins argued.

WALTERS, Justice.

This appeal by the State seeks review of a decision by a magistrate that held a provision of Idaho's trespass statute, I.C. § 18-7008(8), unconstitutional because of vagueness. The magistrate's decision was upheld on an intermediate appeal to the district court and, upon an alternative analysis, the district court further ruled that the statute in question was unconstitutional also on grounds of overbreadth. By cross-appeal, the respondent,...

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