State v. McNeil

SCHWARTZMAN, Judge Pro Tern.

The state appeals from the district court’s intermediate appellate order vacating Trinity McNeil’s judgment of conviction and sentence for misdemeanor battery and remanding for a new trial. For the reasons set forth below, we reverse the district court’s order and reinstate McNeil’s judgment of conviction as issued by the magistrate.

I

FACTS AND PROCEDURE

After consuming alcohol at a bar in downtown Boise, Scott Main and his friend were standing on a sidewalk and made offensive comments to some individuals driving down the street. Liz Woodard approached Main and his…