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STATE v. UMPHENOUR

No. 43286-2015.

376 P.3d 707 (2016)

STATE of Idaho, Plaintiff-Respondent, v. Gerald K. UMPHENOUR, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 2016 Term.

Rehearing Denied August 10, 2016.

Attorney(s) appearing for the Case

Eric D. Fredericksen , Deputy State Appellate Public Defender, Boise, argued for appellant.

Russell J. Spencer , Deputy Attorney General, Boise, argued for respondent.

This is an appeal out of the Second Judicial District contending that the district court failed to secure an express waiver from the defendant of his right to a jury trial before proceeding with a court trial. Because the aberrant procedure used by the district court was, in essence, a guilty plea and not a court trial, we affirm...

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