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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 31993 STATE OF IDAHO, Plaintiff-Respondent, v. JAMES T. RAUCH, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) ) )

2007 Opinion No. 64A Filed: October 1, 2007 Stephen W. Kenyon, Clerk AMENDED OPINION THE COURT'S PRIOR OPINION ERRONEOUSLY DATED JUNE 26, 2007, IS HEREBY WITHDRAWN.

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. Peter D. McDermott, District Judge. Judgment of conviction for two counts of battery on a peace officer, one count of aggravated battery on a peace officer, and one count of removing a firearm from a law enforcement officer, affirmed. Molly J. Huskey, State Appellate Public Defender; Sara B. Thomas, Chief Appellate Unit, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Daniel W. Bower, Deputy Attorney General, Boise, for respondent. ______________________________________________ PERRY, Chief Judge James T. Rauch appeals from his judgment of conviction for two counts of battery on a peace officer, one count of aggravated battery on a peace officer, and one count of removing a firearm from a law enforcement officer. Specifically, Rauch claims the district court erred when it refused to limit the scope of potential cross-examination in the event Rauch chose to testify. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE On August 11, 2004, two Idaho Falls police officers responded to a suspicious vehicle reported by a citizen. When the first officer arrived, he found two occupants in the vehicle and received a license from the driver. The passenger, later determined to be Rauch, provided 1

someone else's name and birth date, but the information could not be verified to allow the officer to determine the passenger's identity. The citizen had reported that the two occupants of the vehicle were arguing loudly. Because the driver had a civil protection order in place to shield her from domestic violence, the officer ordered Rauch out of the vehicle and attempted to detain him while his identity could be determined. Rauch ran from the scene. According to later trial testimony, as the first officer pursued him, Rauch stopped to punch the officer in the face. The second officer joined the scuffle, taking Rauch to the ground. During the fight, Rauch bit the second officer on the arm and squeezed his scrotum. Rauch removed the second officer's gun from its holster and shot that officer in his little finger while the three men continued the scuffle on the ground. Eventually, a third officer arrived and Rauch was subdued. The state charged Rauch with battery on a peace officer, I.C.

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