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STATE v. MILLER

No. 38031.

264 P.3d 935 (2011)

STATE of Idaho, Plaintiff-Respondent, v. Dean Clay MILLER, Jr., Defendant-Appellant.

Supreme Court of Idaho, Boise, August 2001 Term.

November 18, 2011.

Attorney(s) appearing for the Case

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

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent. Mark W. Olson , Deputy Attorney General argued.

BURDICK, Chief Justice.

This appeal arises from Dean Clay Miller, Jr.'s conviction for burglary, assault with intent to commit robbery, possession of methamphetamine, and being a persistent violator. This case is primarily concerned with two issues: (1) whether a persistent violator enhancement must be alleged in the information to give a court subject matter jurisdiction; and (2) whether the defendant's sentence was excessive...

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