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STATE v. COPE

No. 32175.

129 P.3d 1241 (2006)

142 Idaho 492

STATE of Idaho, Plaintiff-Respondent. v. John M. COPE, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2005 Term.

February 2, 2006.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for Appellant. Eric D. Fredericksen argued.

Honorable Lawrence G. Wasden, Attorney General, Boise, for Respondent. Jessica M. Lorello argued.

SCHROEDER, Chief Justice.

John Cope (Cope) murdered Brian Elliot (Elliot) by decapitating him with a knife. Following this act, Cope mutilated Elliot's severed head. The State charged Cope with first degree murder and sought a sentencing enhancement for use of a deadly weapon. Following a Rule 11 plea agreement, Cope pled guilty to second degree murder; the State withdrew its intent to seek a sentencing enhancement; and, the district court imposed a fixed life sentence...

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