State v. Callaghan

GUTIERREZ, Judge.

Douglas Senn Callaghan appeals from his judgment of conviction and sentence for offering a false or forged instrument for record in violation of Idaho Code § 18-3203. Callaghan’s primary contention is that the district court erred in denying his motion to dismiss. He also contends that the district court erred in denying his motion for payment of fees. For the reasons set forth below, we vacate Callaghan’s judgment of conviction and reverse the order denying Callaghan’s motion for payment of fees and remand.

I

BACKGROUND

On February 16, 2004, Callaghan was given both a warning…