State v. Cheatham

TROUT, Chief Justice.

The State of Idaho appeals from the district judge’s grant of the defendants’, Richard Cheatham (Cheatham) and Aieia Duyungan (Duyungan), motion to dismiss the felony murder charges filed against them. The State argues the district judge incorrectly interpreted Idaho law as it applied to this case and substantial evidence exists to support the charges of first degree murder in the commission of a robbery and, alternatively, first degree murder in the commission of burglary, as to both defendants. Because we find the district judge correctly determined the intent to commit…