State v. Reyes

PERRY, Judge.

The state appeals from the decision of the district court affirming the magistrate’s order reducing a charge of felony domestic violence to misdemeanor domestic battery. We reverse the district court and remand for further proceedings.

I

FACTS AND PROCEDURE

During a dispute between Heraclio Reyes, Jr. and his wife, Reyes picked his wife up and threw her to the floor, causing injury to her arm. The state charged Reyes with felony domestic battery. I.C. § 18-918(3). At the preliminary hearing, defense counsel asked the victim whether she had reason to believe that her husband intended…