State v. Hart

TROUT, Chief Justice.

This is an appeal from an order of the district court granting Dale Lee Hart’s (“Hart”) motion to dismiss the criminal charge of felony domestic violence. Hart cross-appeals claiming the felony domestic violence statute is unconstitutionally vague and violates equal protection.

I

FACTUAL AND PROCEDURAL BACKGROUND

Hart lived in Nampa with his wife, Lorraine. On June 4, 1999, after the couple returned home from a birthday party where Hart had consumed a few beers, Hart became upset and an argument ensued. Lorraine threw a telephone book at Hart and Hart hit Lorraine with his…