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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 37906 STATE OF IDAHO, Plaintiff-Respondent, v. VANCE A. WATKINS, Defendant-Appellant. ) ) ) ) ) ) ) ) ) )

2012 Opinion No. 19 Filed: April 17, 2012 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Thomas J. Ryan, District Judge. Judgment of conviction for lewd conduct with a minor under sixteen, affirmed. Sara B. Thomas, State Appellate Public Defender; Erik R. Lehtinen, Chief, Appellate Unit, Boise, for appellant. Erik R. Lehtinen argued. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued. ________________________________________________ LANSING, Judge Vance A. Watkins appeals from his conviction for lewd conduct. His previous

conviction for the same offense was vacated by the Idaho Supreme Court and the case was remanded for a new trial. During the second trial, a witness mentioned there had been a prior trial and appeal. Watkins asserts that the district court erred by declining to grant a mistrial after this disclosure. I. BACKGROUND In 2005, following a jury trial, Watkins was convicted of lewd conduct with a minor under sixteen, Idaho Code

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