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STATE v. SUMMERS

No. 38108.

266 P.3d 510 (2011)

STATE of Idaho, Plaintiff-Appellant-Cross Respondent, v. Mary SUMMERS, Defendant-Respondent-Cross Appellant.

Court of Appeals of Idaho.

Review Denied January 5, 2012.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General; Kenneth K. Jorgensen , Deputy Attorney General, Boise, for appellant-cross respondent.

Holland & Hart, LLP, Boise, Scott E. Randolph and Ammon R. Hansen for respondent-cross appellant.

SCHWARTZMAN, Judge Pro Tem.

The State appeals the district court's order reducing to a misdemeanor Mary Summers' charge of attempt to obtain a controlled substance by fraud. Summers cross-appeals the district court's denial of her motions to dismiss for prosecutorial misconduct. We affirm in part and reverse in part.

I.

FACTUAL AND PROCEDURAL BACKGROUND

The State charged Summers with the attempt to obtain a controlled substance by

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