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STATE v. SMALLEY

Docket No. 46382.

435 P.3d 1100 (2019)

STATE of Idaho Plaintiff-Respondent, v. Phillip R. SMALLEY, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 2019 Term.

Filed: February 26, 2019.

Attorney(s) appearing for the Case

Erik D. Fredericksen , Idaho State Public Defender, Boise, attorney for Appellant. Erik R. Lehtinen argued.

Hon. Lawrence Wasden , Idaho Attorney General, Boise, attorney for Respondent. Kenneth K. Jorgensen argued.

I. NATURE OF THE CASE

Following a jury trial, Phillip Smalley was convicted of two counts of sexual abuse of a vulnerable adult and one count of sexual penetration by a foreign object. On appeal, Smalley asserted two claims of error. First, he alleged there was insufficient evidence to sustain his convictions for sexual...

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