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STATE v. MITCHELL

No. 32857.

195 P.3d 737 (2008)

STATE of Idaho, Plaintiff-Respondent, v. Marcus Anthony MITCHELL, II, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied October 27, 2008.

Attorney(s) appearing for the Case

Nevin, Benjamin, McKay & Bartlett; Dennis A. Benjamin, Boise, for appellant. Dennis A. Benjamin argued.

Hon. Lawrence G. Wasden, Attorney General; Rebekah A. Cudé, Deputy Attorney General, Boise, for respondent. Rebekah A. Cudé argued.

WALTERS, Judge Pro Tem.

Marcus Anthony Mitchell, II, appeals from his judgment of conviction and sentences for aggravated battery, robbery, and burglary. We affirm.

I.

BACKGROUND

In the early morning hours of July 11, 2005, two people forced themselves into an apartment belonging to a drug-dealer in Meridian, Idaho. During the ensuing scuffle, John "Jake" Hargis was shot five times, and one of the intruders, Matthew "Motu" Nuuvali, was...

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