STATE v. MACIAS

No. 30708.

129 P.3d 1258 (2005)

142 Idaho 509

STATE of Idaho, Plaintiff-Respondent, v. Patrick MACIAS, Defendant-Appellant.

Court of Appeals of Idaho.

Review Dismissed February 22, 2006.


Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Erik R. Lehtinen, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Rebekah A. Cudé, Deputy Attorney General, Boise, for respondent.


LANSING, Judge.

Patrick Macias appeals his conviction for aggravated battery, asserting that the district court erred in refusing to instruct the jury that an act is not criminal if it was the result of misfortune or accident.

Macias and the victim were at the same bar one January night, both consuming alcohol with their respective groups of friends. The victim said that he had noticed Macias, but did not know him and had not talked to or about him. According...

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