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STATE v. McMURRY

No. 32045.

143 P.3d 400 (2006)

STATE of Idaho, Plaintiff-Respondent, v. Lorelei McMURRY, Defendant-Appellant.

Court of Appeals of Idaho.

August 21, 2006.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Justin M. Curtis, Deputy Appellate Public Defender, Boise, for appellant. Justin M. Curtis argued.

Hon. Lawrence G. Wasden, Attorney General; Courtney E. Beebe, Deputy Attorney General, Boise, for respondent. Courtney E. Beebe argued.

GUTIERREZ, Judge.

Lorelei McMurry appeals from her judgment of conviction for aggravated battery. She asserts that the district court erred by not declaring a mistrial after the prosecutor commented on her failure to testify. We vacate the judgment of conviction and remand.

I.

BACKGROUND

On December 21, 2004, Lorelei McMurry ran barefoot in her pajamas through the snow from Rodney Sorter's house to Daniel Evans' house and began pounding...

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