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STATE v. STEWART

No. 36116-2009.

234 P.3d 707 (2010)

STATE of Idaho, Plaintiff-Respondent, v. Clifford STEWART, Defendant-Appellant.

Supreme Court of Idaho, Boise, June 2010 Term.

June 25, 2010.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Sarah E. Tompkins argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

EISMANN, Chief Justice.

This is an appeal following a conditional plea of guilty to the crime of felony stalking. We vacate the judgment and remand for further proceedings that are consistent with this opinion.

I. FACTS AND PROCEDURAL HISTORY

On January 2, 2008, the Cassia County prosecutor filed a complaint charging Clifford Stewart (Defendant) with the crimes of stalking in the first degree, a felony, and violating a no contact order, a misdemeanor...

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