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STATE v. SCHULZ

No. 37354.

264 P.3d 970 (2011)

STATE of Idaho, Plaintiff-Appellant, v. John Alan SCHULZ, Defendant-Respondent.

Supreme Court of Idaho, Boise, September 2011 Term.

November 30, 2011.

Attorney(s) appearing for the Case

The Honorable Lawrence G. Wasden , Idaho Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Greg S. Silvey , Star, argued, for respondent.

J. JONES, Justice.

This is an appeal from the dismissal of an information against John Schulz, who was charged with felony domestic battery under I.C. § 18-903 and -918(2) and attempted strangulation under I.C. § 18-923 of his 15-year-old daughter, E.S. Both charges required the State to prove that E.S. was Schulz' "household member" as defined in I.C. § 18-918(1)(a). The district court granted Schulz' motion to dismiss based on the fact that she did...

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