STATE v. TUCKER

No. 26692.

62 P.3d 644 (2003)

138 Idaho 296

STATE of Idaho, Plaintiff-Respondent, v. Darrell R. TUCKER, Defendant-Appellant.

Court of Appeals of Idaho.

January 14, 2003.


Attorney(s) appearing for the Case

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

Hon. Alan G. Lance, Attorney General; T. Paul Krueger II, Deputy Attorney General, Boise, for respondent. T. Paul Krueger II argued.


GUTIERREZ, Judge.

A jury found Darrell R. Tucker guilty of aggravated assault with a deadly weapon, I.C. §§ 18-901 and -905. Tucker argues on appeal that his due process rights were violated by an officer's testimony referencing his post-Miranda silence, that the district court erred in imposing a weapons enhancement without a factual finding by the jury, and that the district court abused its discretion in imposing an excessive sentence. We affirm...

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