State v. Scott Lewis Ostler

HORTON, Justice.

Scott Ostler was convicted of three counts of lewd conduct with a minor child under sixteen (“lewd conduct”), a violation of Idaho Code section 18-1508, and one count of sexual abuse of a child under the age of sixteen (“sexual abuse”), a violation of Idaho Code section 18-1506. This appeal relates only to a single count of lewd conduct. Ostler claims that the State violated his right to due process by adding an additional lewd conduct charge following a mistrial. The Court of Appeals vacated Ostler’s conviction for the additional felony, agreeing that the State violated…