STATE v. FLEGEL

No. 35117.

261 P.3d 519 (2011)

STATE of Idaho, Plaintiff-Respondent, v. Christopher David FLEGEL, Defendant-Appellant.

Supreme Court of Idaho, Boise, May 2011 Term.

September 6, 2011.


Attorney(s) appearing for the Case

Sara Thomas , Deputy State Appellate Public Defender, Boise, argued for appellant.

Jessica Lorello , Deputy Attorney General, Boise, argued for respondent.


EISMANN, Justice.

This is an appeal from a conviction for the crime of sexual abuse of a child under sixteen years of age charged in an amended indictment. Because that crime had not been submitted to the grand jury and was not an included offense of the crime of lewd conduct charged in the original indictment, the district court did not have subject matter jurisdiction. We therefore vacate the judgment and remand this case with instructions to dismiss the case without...

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