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STATE v. PEREGRINA

No. 37900.

261 P.3d 815 (2011)

STATE of Idaho, Plaintiff-Respondent, v. Diego Morales PEREGRINA, Defendant-Appellant.

Supreme Court of Idaho, Boise, May 2011 Term.

September 7, 2011.

Attorney(s) appearing for the Case

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

Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent. John C. McKinney argued.

BURDICK, Chief Justice.

This case arises out of Diego Morales Peregrina's conviction for two counts of aggravated battery and two firearm enhancements; one for each battery. Peregrina argues that there was insufficient evidence to support the district court's "implicit" finding that the crimes arose out of divisible courses of conduct, and that even if there was, the State had the burden to submit the issue of divisibility to the jury and prove it beyond a reasonable...

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