Wednesday, August 1, 2012

Appeals Court Overturns Conviction, Lengthy Sentence of North Idaho Man

Posted By on Wed, Aug 1, 2012 at 2:25 PM

An north Idaho man who was sentenced to 14 years behind bars for burglary, 15 years for aggravated assault, and 13 years for unlawful possession of a firearm has had his conviction overturned by the Idaho Court of Appeals. Because of the defendant's previous felony convictions, his sentences were more severe.

In a ruling handed down today, with Justice John Melanson dissenting, the appellate court vacated the 2010 conviction of David Curry in connection with an incident at the Kootenai County home of Curry's ex-girlfriend.

Curry had earlier asked for a new trial but the District Court denied his motion, sending him to state prison.

Today, the Idaho Court of Appeals ruled that there was insufficient evidence to convict Curry, the court erred in denying Curry's request for jury instruction on self-defense, and the court erred in denying the new trial request.

"Therefore, Curry shall be acquitted of the three charges," wrote the court. "Accordingly, we vacate the judgment of conviction and remand the case for entry of a judgment of acquittal."

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