State v. Pole

PERRY, Judge.

The State of Idaho appeals from the district court’s order granting Shatana S. Pole’s motion to dismiss criminal charges of aggravated assault and aggravated battery. We affirm in part and reverse in part.

I

FACTS AND PROCEDURE

During the early morning hours of July 8, 2000, police in Post Falls received a report of a possible shooting. Officers were dispatched to an apartment where they were led to a woman lying in bed bleeding from a gunshot wound. The victim indicated that she could not feel her legs and was transported to the hospital for emergency surgery.

Upon investigation,…