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STATE v. MERCER

No. 32430.

138 P.3d 308 (2006)

143 Idaho 108

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

Supreme Court of Idaho, Boise, January 2006 Term.

Rehearing Denied May 22, 2006.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for Appellant. Erik R. Lehtinen argued.

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

TROUT, Justice.

On Petition for Review, Ernest Wayne Mercer appeals from a district court decision denying his motion for acquittal pursuant to Idaho Criminal Rule 29(a).

I.

FACTUAL AND PROCEDURAL BACKGROUND

Mercer was arrested and charged with aggravated battery. Sara Buckley, Mercer's niece, witnessed the battery. While Mercer was in custody on the battery charge, he called Buckley and threatened her and her family's safety and attempted...

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