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STATE v. SUTTON

No. 36819.

254 P.3d 62 (2011)

STATE of Idaho, Plaintiff-Respondent, v. Robert J. SUTTON, II, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied July 1, 2011.

Attorney(s) appearing for the Case

Molly J. Huskey , State Appellate Public Defender; Jason C. Pintler , Deputy Appellate Public Defender, Boise, for appellant. Jason C. Pintler argued.

Hon. Lawrence G. Wasden , Attorney General; John C. McKinney , Deputy Attorney General, Boise, for respondent. John C. McKinney argued.

GRATTON, Chief Judge.

Robert J. Sutton, II (Sutton) appeals his judgment of conviction, upon jury verdict, for intimidating a witness, Idaho Code § 18-2604. Sutton claims the jury instructions regarding the elements of the offense were defective and require vacating the conviction. We vacate the judgment of conviction and remand.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Sarah Phelps (Phelps) worked as a bartender in Sandpoint where she...

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