State v. Perry

LANSING, Judge.

The issue presented by this appeal is whether the district court erred in permit ting the State to read a witness’s preliminary-hearing testimony into evidence at the defendant’s trial. We hold that admission of the evidence was error, but harmless in light of the remaining evidence of the defendant’s guilt.

I

FACTUAL & PROCEDURAL BACKGROUND

Perry was charged with grand theft, Idaho Code §§ 18-2403(1), -2407(l)(b), for stealing money from a convenience store where he was employed as a cashier. The State alleged that while working alone one evening, Perry took funds that should…