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STATE v. DAVIS

No. 13239.

661 P.2d 308 (1983)

104 Idaho 523

STATE of Idaho, Plaintiff-Respondent, v. David DAVIS, Defendant-Appellant.

Supreme Court of Idaho.

March 30, 1983.

Attorney(s) appearing for the Case

Francis H. Hicks, Mountain Home, for defendant-appellant.

David H. Leroy, Atty. Gen., and Lynn E. Thomas, Sol. Gen. (argued), Boise, for plaintiff-respondent.

BISTLINE, Justice.

Charged with a felony, the defendant waived his right to a jury and submitted the question of his guilt to the district court. The district court did so try the issue but only after inquiry of the prosecuting attorney — who said the state would defer to the views of the judge.1 The court found the defendant guilty and imposed sentence.

The sole issue presented on appeal is the defendant's contention that...

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