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State v. Moad

Court of Appeals of Idaho

February 21, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
DEREK EDWARD MOAD, aka DERRICK EDWARD MOAD, Defendant-Appellant

2014 Opinion No. 14

Page 401

Editorial Note:

This decision is not final until exception of the 21 day petition for rehearing period. Pursuant to rule 118 of the Idaho Appellate Rules

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail, District Judge.

Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant. Brian R. Dickson argued.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent. Mark W. Olson argued.

LANSING, Judge. Chief Judge GUTIERREZ and Judge MELANSON CONCUR.

OPINION

Page 402

LANSING, Judge

Derek Edward Moad appeals from his convictions for male rape and battery with intent to commit a serious felony.[1] Moad contends, for the first time on appeal, that the district court's imposition of punishment for both crimes violates his right to be free from double jeopardy under the United States and Idaho Constitutions.

I.

BACKGROUND

Based upon a sexual attack on his cellmate, Moad was indicted for male rape, Idaho Code ยง 18-6108, and battery with intent to commit a serious felony (rape or the infamous crime against ...


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