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STATE v. AVILA

No. 31355.

153 P.3d 1195 (2006)

STATE of Idaho, Plaintiff-Respondent, v. Hector AVILA, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied March 13, 2007.

Attorney(s) appearing for the Case

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

Hon. Lawrence G. Wasden, Attorney General; Ralph R. Blount, Deputy Attorney General, Boise, for respondent. Ralph R. Blount argued.

LANSING, Judge.

Hector Avila appeals his conviction for attempted first degree murder and unlawful possession of a firearm, as well as adjudication as a persistent violator, arguing that the State violated his right to a speedy trial as protected by the federal and Idaho constitutions.

I.

FACTUAL & PROCEDURAL BACKGROUND

While riding in a vehicle driven by his brother one evening in October 2003, Avila shot their backseat passenger during...

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