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STATE v. HERRERA

Docket No. 44596.

429 P.3d 149 (2018)

STATE of Idaho, Plaintiff-Respondent, v. Joseph Duane HERRERA, Defendant-Appellant.

Supreme Court of Idaho, Boise, June 2018 Term.

Rehearing Denied November 13, 2018.

Attorney(s) appearing for the Case

Eric D. Fredericksen , Idaho State Appellate Public Defender, attorneys for appellant. Ben P. McGreevy argued.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, attorneys for respondent. Kenneth K. Jorgensen argued.

I. NATURE OF THE CASE

Joseph Herrera ("Herrera") appeals from his conviction for second-degree murder after a second trial. On appeal, Herrera argues that: (1) the State vindictively prosecuted him by adding a sentencing enhancement; (2) the district court erred when it failed to conduct a sufficient inquiry into his request...

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