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STATE v. WIDMYER

No. 39954.

313 P.3d 770 (2013)

STATE of Idaho, Plaintiff-Respondent, v. Garry Kevin WIDMYER, Defendant-Appellant.

Court of Appeals of Idaho.

October 25, 2013.

Attorney(s) appearing for the Case

John Adams , Chief Kootenai County Public Defender; J. Bradford Chapman , Senior Staff Attorney, Coeur d'Alene , for appellant. J. Bradford Chapman argued.

Hon. Lawrence G. Wasden , Attorney General; Lori A. Fleming , Deputy Attorney General, Boise, for respondent. Lori A. Fleming argued.

GRATTON, Judge.

Garry Kevin Widmyer appeals from his sentence entered upon his guilty plea to injury to children, Idaho Code § 18-1501(2).

I.

FACTUAL AND PROCEDURAL BACKGROUND

The State initially charged Widmyer with lewd conduct with a minor under the age of sixteen and sexual abuse of a child under the age of sixteen. Widmyer's first trial resulted in a mistrial. At Widmyer's second...

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