State v. Toby Glenn Weatherly

HUSKEY, Judge.

Toby Glenn Weatherly appeals from his judgment of conviction, arguing that his rights under the Double Jeopardy Clause of the Idaho Constitution and the Fifth Amendment to the United States Constitution were violated when a jury found him guilty of grand theft and criminal possession of a financial transaction card.

I

FACTUAL AND PROCEDURAL BACKGROUND

The State charged Weatherly with one count of grand theft and one count of criminal possession of a financial transaction card, with a sentencing enhancement alleging Weatherly was a persistent violator of the law. A jury found…