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STATE v. PERRY

No. 32472.

159 P.3d 903 (2007)

STATE of Idaho, Plaintiff-Respondent, v. Kevin M. PERRY, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied May 30, 2007.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Diane M. Walker, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Thomas Tharp, Deputy Attorney General, Boise, for respondent.

LANSING, Judge.

The issue presented by this appeal is whether the district court erred in permitting the State to read a witness's preliminary hearing testimony into evidence at the defendant's trial. We hold that admission of the evidence was error, but harmless in light of the remaining evidence of the defendant's guilt.

I.

FACTUAL & PROCEDURAL BACKGROUND

Perry was charged with grand theft...

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