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STATE v. LOPEZ

No. 28475.

77 P.3d 124 (2003)

139 Idaho 256

STATE of Idaho, Plaintiff-Appellant, v. Jose LOPEZ, Defendant-Respondent.

Court of Appeals of Idaho.

September 9, 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.

Molly J. Huskey, State Appellate Public Defender; Charles Isaac Wadams, Deputy Appellate Public Defender, Boise, for respondent. Charles Isaac Wadams argued.

GUTIERREZ, Judge.

Jose Lopez was charged with second degree attempted murder, and with use of a firearm in the commission of a felony. After trial, the jury found Lopez guilty of the lesser included offense of aggravated battery. However, the district court then ordered a new trial, determining that it had erred in the decision of a question of law regarding a possible conflict involving the representation of Lopez. On appeal the state argues the district court erred...

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