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STATE v. RAE

No. 28229.

84 P.3d 586 (2004)

139 Idaho 650

STATE of Idaho, Plaintiff-Respondent, v. Lonny Duane RAE, Defendant-Appellant.

Court of Appeals of Idaho.

January 23, 2004.

Attorney(s) appearing for the Case

Edgar J. Steele, Sagle, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

GUTIERREZ, Judge.

Lonny Duane Rae was charged with malicious harassment, a felony. After a jury trial, he was acquitted of this charge, but found guilty of assault, as a lesser included offense of malicious harassment. Rae appeals from this judgment of conviction arguing, among several other matters, that assault is not a lesser included offense of malicious harassment. We agree and therefore vacate and remand.

I...

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