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STATE v. YAGER

No. 25881.

85 P.3d 656 (2004)

139 Idaho 680

STATE of Idaho, Plaintiff-Respondent-Cross Appellant, v. Scott D. YAGER, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, November 2003 Term.

February 11, 2004.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Sara B. Thomas, Chief, Criminal Division, Boise, for appellant. Sara B. Thomas and Mark J. Ackley argued.

Hon. Lawrence G. Wasden, Attorney General; L. LaMont Anderson, Deputy Attorney General, Boise, for respondent. L. LaMont Anderson argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED JANUARY 5, 2004, IS HEREBY WITHDRAWN

BURDICK, Justice.

NATURE OF THE CASE

Scott D. Yager appeals from his judgment of conviction following a jury verdict of guilty of first-degree murder. The State has filed a cross-appeal contesting the district court's interpretation of the statutory aggravator defined in I.C. § 19-2515(h)(9), which compelled the district court to reject the death...

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