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STATE v. SMITH

No. 39704.

300 P.3d 1069 (2013)

STATE of Idaho, Plaintiff-Respondent, v. Dana Lydell SMITH, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied May 16, 2013.

Attorney(s) appearing for the Case

Nevin, Benjamin, McKay & Bartlett, LLP; Deborah A. Whipple , Boise, for appellant.

Hon. Lawrence G. Wasden , Attorney General; Russell J. Spencer , Deputy Attorney General, Boise, for respondent.

LANSING, Judge.

Following a jury trial, Smith was convicted of grand theft and sentenced to a unified term of fourteen years with seven years determinate. This Court affirmed Smith's conviction in an unpublished decision. State v. Smith, Docket Nos. 35216, 35604 (Ct.App. May, 20, 2009) (unpublished). On January 19, 2012, Smith filed a pro se motion for a new trial on the basis of newly discovered evidence.1 The district court denied...

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