State of Idaho v. David Dalrymple Judgment of conviction for lewd conduct with a minor, sexual abuse of a child, and second-degree kidnapping and whether district court failed to provide Faretta warni

State: Idaho

Court: Supreme Court

Docket No: 33447

Case Date: 07/02/2007

Plaintiff: State of Idaho

Defendant: David Dalrymple Judgment of conviction for lewd conduct with a minor, sexual abuse of a child, and

Preview:IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 33447 STATE OF IDAHO, Plaintiff-Respondent, v. DAVID ALLEN DALRYMPLE, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Boise, January 2007 Term 2007 Opinion No. 28 Filed: July 2, 2007 Stephen W. Kenyon, Clerk AMENDED OPINION THE COURT'S PRIOR OPINION DATED FEBRUARY 21, 2007 IS HEREBY WITHDRAWN.

Appeal from the District Court of the Fourth Judicial District of the State of Idaho, for the County of Ada. Hon. Michael R. McLaughlin, District Judge. The judgment of conviction is affirmed. Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Diane M. Walker argued. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Ralph R. Blount argued. _____________________ JONES, Justice David Allen Dalrymple was convicted on felony counts of lewd conduct with a child, sexual abuse of a child, second-degree kidnapping, and several misdemeanors. The Court of Appeals vacated Dalrymple's conviction, holding that the district court erred in failing to provide Faretta warnings contemporaneously to his waiver of the right to counsel. The State petitioned for review. We affirm Dalrymple's conviction. I. Dalrymple appeals from felony convictions on two counts of lewd conduct with a child under sixteen, I.C.

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