STATE v. DAUBS

No. 28225.

92 P.3d 549 (2004)

140 Idaho 299

STATE of Idaho, Plaintiff-Respondent, v. David DAUBS, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied June 18, 2004.


Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Julie Dawn Reading, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


GUTIERREZ, Judge.

David Daubs appeals from his judgment of conviction and sentence entered upon his guilty plea to sexual battery of a minor child sixteen or seventeen years of age, Idaho Code § 18-1508A(a). We vacate Daubs' sentence and remand for resentencing.

I.

FACTUAL AND PROCEDURAL SUMMARY

Daubs, while staying at a relative's house in Pocatello, provided wine coolers to the two daughters...

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