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STATE v. CHERRY

No. 24440.

83 P.3d 123 (2003)

139 Idaho 579

STATE of Idaho, Plaintiff-Respondent, v. Stephen A. CHERRY, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied January 27, 2004.

Attorney(s) appearing for the Case

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

Hon. Lawrence G. Wasden, Attorney General; Ralph R. Blount, Deputy Attorney General, Boise, for respondent. Ralph R. Blount argued.

LANSING, Chief Judge.

Stephen Allan Cherry appeals from the judgment of conviction entered after he was found guilty by a jury of first degree murder, aggravated battery, and aggravated assault. He contends that the prosecutor's office should have been disqualified due to a conflict of interest that arose when one of Cherry's appointed attorneys changed employment and went to work for the prosecutor's office, that statements that Cherry made to police while he was...

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