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STATE v. POKORNEY

No. 34945.

235 P.3d 409 (2010)

STATE of Idaho, Plaintiff-Respondent, v. Richard David POKORNEY, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied July 2, 2010.

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; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Lori A. Fleming argued.

GRATTON, Judge.

Richard David Pokorney appeals his judgment of conviction on five counts of lewd conduct with a minor under sixteen. Idaho Code § 18-1508. He alleges the trial court erred in admitting evidence under Idaho Rule of Evidence 404(b). For the reasons set forth below, we vacate the judgment of conviction and remand.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Pokorney and his wife, L.G., have five sons whose ages at the time of...

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