State v. Jerry Lee McClain

LANSING, Judge.

Jerry Lee McClain appeals from judgments of conviction for domestic violence, intimidating a witness, and violating a no contact order. McClain asserts that the district court erred by admitting evidence of his prior misconduct and that the State presented insufficient evidence to support the jury’s finding that he is a persistent violator of the law. We affirm McClain’s convictions but reverse the persistent violator sentence enhancement and remand for resentencing.

I

BACKGROUND

McClain was charged with rape, Idaho Code § 18-903(a), and domestic violence committed in the presence…