STATE v. POE

No. 28404.

88 P.3d 704 (2004)

139 Idaho 885

STATE of Idaho, Plaintiff-Respondent, v. Joseph Martin POE, Sr., Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, October 2003 Term.

Rehearing Denied April 27, 2004.


Attorney(s) appearing for the Case

Douglas P. Phelps, Spokane, Washington, for appellant. Douglas P. Phelps argued.

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


EISMANN, Justice.

This is an appeal from a conviction for disturbing the peace in which the appellant alleges, among other things, that Idaho Code § 18-6409 is unconstitutionally overbroad. We affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

On September 7, 1999, the defendant-appellant Joseph Poe was charged with disturbing the peace in violation of Idaho Code § 18-6409 based upon statements he made to a thirteen-year-old boy who had...

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