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STATE v. BYINGTON

No. 28737.

81 P.3d 421 (2003)

139 Idaho 516

STATE of Idaho, Plaintiff-Respondent, v. Brandy BYINGTON, Defendant-Appellant.

Court of Appeals of Idaho.

Review Dismissed October 28, 2003.

Attorney(s) appearing for the Case

Belnap Curtis, PLLC, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Karen A. Hudelson, Deputy Attorney General, Boise, for respondent.

LANSING, Chief Judge.

Brandy Byington seeks to have her judgment of conviction for felony injury to a child reversed on the ground that she has been subjected to double jeopardy. We affirm.

I.

FACTUAL & PROCEDURAL BACKGROUND

On July 17, 1998, Brandy Byington instructed her children, six-year-old Sky and four-year-old Tawney, to remain downstairs watching television while she went to a supermarket. A swimming pool was in the backyard...

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