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STATE v. LOPEZ

No. 30208.

114 P.3d 133 (2005)

141 Idaho 575

STATE of Idaho, Plaintiff-Respondent, v. Jose LOPEZ, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied June 28, 2005.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Jason Curtis Pintler, Deputy Appellate Public Defender, Boise, for appellant. Jason Curtis Pintler argued.

Hon. Lawrence G. Wasden, Attorney General; Jessica Marie Borup, Deputy Attorney General, Boise, for respondent. Jessica Marie Borup argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED DECEMBER 13, 2004, IS HEREBY WITHDRAWN

PERRY, Judge.

Jose Lopez appeals from his judgment of conviction for aggravated battery and use of a firearm during the commission of a felony. Lopez contends that his due process rights were violated when the prosecutor, on cross-examination and during closing argument, impermissibly referred to Lopez's pre-Miranda1 and...

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