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STATE v. SHUTZ

No. 29403.

141 P.3d 1069 (2006)

STATE of Idaho, Plaintiff-Respondent, v. Michael David SHUTZ, Defendant-Appellant.

Supreme Court of Idaho, Boise, May 2006 Term.

July 28, 2006.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent.

TROUT, Justice.

Appellant Michael Shutz appeals from a jury verdict and judgment of conviction and sentence for the offense of injury to a child under Idaho Code § 18-1501(1).

I.

FACTUAL AND PROCEDURAL BACKGROUND

In December of 2001, Donna Kershner took her four-month old son Damian to the hospital after he showed signs of the flu. At this time, Shutz was living with Donna and was the primary caregiver of her two sons, Damian and Ty...

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