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STATE v. GERARDO

No. 33450.

205 P.3d 671 (2009)

STATE of Idaho, Plaintiff-Respondent, v. Frank GERARDO, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied April 16, 2009.

Attorney(s) appearing for the Case

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

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Lori A. Fleming argued.

LANSING, Chief Judge.

Frank Gerardo appeals from his convictions for burglary and attempted robbery, with a sentence enhancement for use of a firearm. He contends that the district court made errors in the evidentiary phase of the trial, that the trial evidence was insufficient to sustain the jury's finding that he was one of the perpetrators, that the district court made multiple errors in instructing the jury, and that...

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