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STATE v. SCHMIERER

No. 43140.

367 P.3d 163 (2016)

STATE of Idaho, Plaintiff-Respondent, v. Arthur Gene SCHMIERER, Defendant-Appellant.

Supreme Court of Idaho.

February 26, 2016.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender, Boise, for appellant. Sally J. Cooley argued.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent. John C. McKinney argued.

Appellant, Arthur Schmierer, filed a motion under Idaho Criminal Rule 35 to correct an illegal sentence. In the underlying action, Schmierer had pled guilty to an amended superseding indictment that charged him with two counts of enticing children over the internet. Schmierer contends that the prosecutor improperly amended...

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