Idaho Supreme Court May 15, 2001, 25476 (State v. Prather)

KIDWELL, Justice.

This ease involves an appeal from the decision of a district court, interpreting the meaning of I.C. § 18-918(3). On appeal, the defendant claims that the statute is unconstitutionally vague and should be overturned, and that it improperly shifts the burden of proof. The decision of the district eourt is affirmed.

I.

FACTS AND PROCEDURAL BACKGROUND

On July 8, 1998, Bryon E.