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STATE v. COX

Docket No. 46916.

490 P.3d 14 (2021)

STATE of Idaho, Plaintiff-respondent, v. Kevin Jonathan COX, Defendant-appellant.

Supreme Court of Idaho, Boise, December 2020 Term.

Opinion Filed: June 30, 2021.

Attorney(s) appearing for the Case

Eric D. Fredericksen , State Appellate Public Defender, Boise, for appellant. Sally J. Cooley argued.

Lawrence G. Wasden Idaho Attorney General, Boise, for respondent. Justin R. Porter argued.

In this case, we address the effect of Idaho's persistent violator sentencing enhancement on the number of peremptory challenges available to a defendant at trial. For the reasons below, we hold that the number of peremptory challenges available to both sides is determined by reference to the enhanced sentence a defendant could receive...

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