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STATE v. McNEIL

No. 30655.

109 P.3d 1125 (2005)

141 Idaho 383

STATE of Idaho, Plaintiff-Appellant, v. Trinity McNEIL, Defendant-Respondent.

Court of Appeals of Idaho.

March 21, 2005.

Attorney(s) appearing for the Case

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

Alan E. Trimming, Ada County Public Defender; Nicholas Lloyd Wollen, Deputy Public Defender, Boise, for respondent.

SCHWARTZMAN, Judge Pro Tem.

The state appeals from the district court's intermediate appellate order vacating Trinity McNeil's judgment of conviction and sentence for misdemeanor battery and remanding for a new trial. For the reasons set forth below, we reverse the district court's order and reinstate McNeil's judgment of conviction as issued by the magistrate.

I.

FACTS AND PROCEDURE

After consuming alcohol at a bar in downtown Boise, Scott...

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