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STATE v. FIELD

No. 33654.

165 P.3d 273 (2007)

STATE of Idaho, Plaintiff-Respondent, v. William O. FIELD, Defendant-Appellant.

Supreme Court of Idaho, Boise, May 2007 Term.

July 31, 2007.

Attorney(s) appearing for the Case

Nevin, Benjamin & McKay, LLP, Boise, for appellant. Dennis Alan Benjamin argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Jessica Marie Lorello, Deputy Attorney General, argued.

BURDICK, Justice.

Appellant William O. Field was convicted of lewd conduct and sexual battery. Field asks us to reverse and asserts several errors were committed below including improper joinder of the two offenses for trial, the introduction of inadmissible evidence, prosecutorial misconduct, and the giving of erroneous jury instructions. We reverse and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

In September 2003, a seven year old girl, H.P.,...

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