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STATE v. WATKINS

No. 37906.

274 P.3d 1279 (2012)

STATE of Idaho, Plaintiff-Respondent, v. Vance A. WATKINS, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied May 9, 2012.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender; Erik R. Lehtinen , Chief, Appellate Unit, Boise, for appellant. Erik R. Lehtinen argued.

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

LANSING, Judge.

Vance A. Watkins appeals from his conviction for lewd conduct. His previous conviction for the same offense was vacated by the Idaho Supreme Court and the case was remanded for a new trial. During the second trial, a witness mentioned there had been a prior trial and appeal. Watkins asserts that the district court erred by declining to grant a mistrial after this disclosure.

I.

BACKGROUND

In 2005, following a jury trial...

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