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State v. Barber

Court of Appeals of Idaho

December 5, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
JESSE STEPHEN BARBER, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 774

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bonneville County. Hon. Joel E. Tingey, District Judge.

Judgment of conviction for felony domestic battery, affirmed.

Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant. Spencer J. Hahn argued.

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

WALTERS, Judge Pro Tem

Jesse Stephen Barber appeals from his judgment of conviction for felony domestic battery. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Following a physical altercation between Barber and his girlfriend, the state charged Barber with felony domestic battery. I.C. § 18-918(2)(a). In the alternative, the state charged misdemeanor domestic battery. I.C. § 18-918(3)(b). Predicated upon two prior domestic violence convictions, the state also alleged a felony enhancement to the misdemeanor battery charge. I.C. § 18-918(3)(c). Barber pled not guilty and proceeded to trial.

At trial, Barber was represented by counsel up until the state rested. Barber then fired his attorney and decided to proceed pro se, with his previous attorney acting as stand-by counsel. A jury found Barber guilty of misdemeanor domestic battery. The district court then instructed the jury on the second part of the trial regarding the enhancement, at which time Barber interrupted the district court and indicated he desired to stipulate to the prior convictions. Based on the stipulation, the district court found that there were two prior convictions and that the instant domestic battery charge was enhanced to a felony.[1] Barber appeals from his judgment of conviction for felony domestic battery.

II.

ANALYSIS


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