State v. David Leroy Lee

I respectfully dissent. In this appeal, Lee claims that the district court erred by denying his motion to strike a single sentence from the judgment of acquittal that this Court instructed the district court to enter in our decision in State v. Lee, 153 Idaho 559, 563, 286 P.3d 537, 541 (2012). Lee advanced three theories in support of his claim that the district court erred: (1) the district court lacked subject matter jurisdiction to include the language to which he objects; (2) the district court abused its discretion by failing to act consistently with the governing legal standards on…