STATE OF IDAHO v. LACY STARR LUNA (2016)

ORDER GRANTING MOTION TO VACATE APPELLATE OPINIONS AND STAY PROCEEDINGS

Ref. No. 16-361

A MOTION TO VACATE APPELLATE OPINIONS AND STAY PROCEEDINGS was filed by counsel for Appellant on August 4, 2016, requesting this Court for an Order vacating the appellate decisions of the Idaho Court of Appeals and the district court, remanding the case for sentencing and entry of judgment and staying proceedings. Therefore, after due consideration,

IT HEREBY IS ORDERED that the PUBLISHED OPINION IN APPEAL NO. 43520, STATE v. LUNA, issued by the Court of Appeals on July 18, 2016, be, and hereby is, VACATED.

IT FURTHER IS ORDERED that the district court's Memorandum Opinion and Order, file-stamped July 24, 2015 in Canyon County case number CR 2014-23280-C, be and hereby is, VACATED.

IT FURTHER IS ORDERED that this matter is REMANDED TO THE DISTRICT COURT to be remanded to the magistrate court for sentencing and entry of judgment.

IT FURTHER IS ORDERED that proceedings in this appeal shall be SUSPENDED and this appeal shall remain STAYED pending resolution in the district court.

By Order of the Supreme Court

Stephen W. Kenyon, Clerk