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STATE v. DONK

Nos. 33055, 33056.

181 P.3d 508 (2007)

STATE of Idaho, Plaintiff-Respondent, v. David Darwin DONK, Defendant-Appellant.

Court of Appeals of Idaho.

September 26, 2007.

Attorney(s) appearing for the Case

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

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

LANSING, Judge.

David Darwin Donk appeals from his judgment of conviction for aggravated assault with a sentence enhancement for using a deadly weapon during the crime. He asserts that the district court erred by imposing a sentence enhancement when the enhancement issue had not been submitted to the jury. We agree that error occurred and therefore vacate the sentence and remand for resentencing.

I.

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