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State of Idaho v. Shane Erick Crawford

June 27, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
SHANE ERICK CRAWFORD, DEFENDANT-APPELLANT.



Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge.

The opinion of the court was delivered by: Melanson, Judge

2012 Unpublished Opinion No. 538

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and concurrent unified sentences of twenty-five years, with minimum periods of confinement of six years, for two counts of lewd conduct with a minor under the age of sixteen, affirmed in part, vacated in part, and remanded.

Shane Erick Crawford appeals from his judgment of conviction and sentences for two counts of lewd conduct with a minor under the age of sixteen. For the reasons set forth below, we affirm in part, vacate in part, and remand for a new trial.

I.

FACTS AND PROCEDURE

In 2010, the state filed a complaint charging Crawford with two counts of lewd conduct with a minor under the age of sixteen, I.C. § 18-1508, identified as Count I and Count II. The state also charged Crawford with two counts of sexual abuse of a child under the age of sixteen (Counts III and IV). The alleged victim in Count I was Victim I and the alleged victim in the remaining counts was Victim II. Crawford was found guilty of Count I and Count II and acquitted of the two remaining counts. The district court imposed concurrent unified terms of twenty five years, with minimum periods of confinement of six years, for Count I and Count II. Crawford appeals.

II.

ANALYSIS

Crawford argues that the district court denied his right to due process by failing to instruct the jury, in response to a jury question, that the breast area is not a genital for the purpose of finding Crawford guilty of lewd conduct pursuant to I.C. § 18-1508. Crawford also argues that the district court imposed excessive sentences.

A. Jury Question

Idaho Code Section 18-1508 ...


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