STATE v. BROADHEAD

No. 28886.

84 P.3d 599 (2004)

139 Idaho 663

STATE of Idaho, Plaintiff-Respondent, v. Mitchell Larry BROADHEAD, Defendant-Appellant.

Court of Appeals of Idaho.

January 28, 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; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.


GUTIERREZ, Judge.

Mitchell Larry Broadhead appeals from his judgment of conviction and sentences on three counts of aggravated assault. Broadhead argues that the district court erred by allowing an alternate juror to be present during deliberations and by failing to instruct the jury on the requisite mens rea. Additionally, Broadhead argues that his sentences are illegal and excessive. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

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