State v. Thomas Cruz Colvin

Thomas Cruz Colvin appeals from the district court’s order denying his motion to dismiss.

I

FACTUAL AND PROCEDURAL BACKGROUND

Colvin was issued a citation for misdemeanor domestic battery, Idaho Code § 18-918(3)(b). The police report noted the victim, his girlfriend at the time, had blood on her clothes, face, and arms, and her eye was swollen shut. The State filed a motion to dismiss the misdemeanor charge, which was granted. The State subsequently filed a new complaint charging Colvin with felony domestic battery, I.C. § 18-918(2)(a), alleging he inflicted traumatic injury upon the victim.

Colvi…