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STATE v. MOFFAT

No. 39026.

300 P.3d 61 (2013)

STATE of Idaho, Plaintiff-Respondent, v. Thomas David MOFFAT, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied May 3, 2013.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender; Brian R. Dickson , Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden , Attorney General; John C. McKinney , Deputy Attorney General, Boise, for respondent.

MELANSON, Judge.

Thomas David Moffat appeals from his judgment of conviction for attempted strangulation. Specifically, Moffat challenges the district court's order denying his motion to dismiss. For the reasons set forth below, we vacate.

I.

FACTS AND PROCEDURE

On May 9, 2010, Moffat engaged in a domestic dispute with his girlfriend in their home. Moffat's girlfriend contacted the police and reported that, during the dispute, Moffat grabbed...

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