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STATE v. MERCER

No. 30160.

138 P.3d 323 (2005)

143 Idaho 123

STATE of Idaho, Plaintiff-Respondent, v. Ernest Wayne MERCER, III, Defendant-Appellant.

Court of Appeals of Idaho.

June 22, 2005.

Attorney(s) appearing for the Case

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

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. Jessica M. Lorello argued.

GUTIERREZ, Judge.

Earnest Wayne Mercer, III, appeals from his judgment of conviction and sentence for willfully harassing a witness in a criminal proceeding. We affirm.

I.

FACTUAL AND PROCEDURAL SUMMARY

Sara Buckley, Mercer's niece, witnessed Mercer strike his girlfriend, Anna Moon, with his fist and with a baseball bat. After removing Moon from the scene of the altercation, Buckley called the police. Mercer was subsequently arrested and...

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