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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 32179 STATE OF IDAHO, Plaintiff-Respondent, v. ALBERT A. CICCONE, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) 2009 Opinion No. 40 Filed: May 26, 2009 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Elmore County. Hon. Michael E. Wetherell, District Judge. Appeal dismissed for lack of jurisdiction. Molly J. Huskey, State Appellate Public Defender; Erik R. Lehtinen, Deputy Appellate Public Defender, Boise, for appellant. Erik R. Lehtinen argued. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Lori A. Fleming argued. ______________________________________________ GUTIERREZ, Judge Albert A. Ciccone appeals from the judgment of conviction entered upon jury verdicts finding him guilty of first degree murder in regard to his wife and second degree murder in regard to her unborn child. We dismiss his appeal, because it is untimely. I. FACTS AND PROCEDURE At trial, the state presented evidence that on October 16, 2003, Ciccone struck his pregnant wife, Kathleen Ciccone, with his vehicle as she walked away from him following an argument. As a result of the collision, she suffered multiple head fractures and she and her unborn child died at the scene. Ciccone was charged with two counts of first degree murder for the killing of Kathleen, Idaho Code

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Idaho Law