State of Idaho, Plaintiff-Respondent v. Joseph Duane Herrera, Defendant-Appellant.

Summary

The Idaho Supreme Court affirmed Herrera's second-degree murder conviction and life sentence with thirty years fixed. It held that the added firearm enhancement did not constitute vindictive prosecution, the incomplete appellate record prevented a finding that substitute counsel was improperly denied, and the admission of part of a detective's gunshot-residue testimony was harmless. The court also rejected Herrera's prosecutorial-misconduct, cumulative-error, and vindictive-sentencing claims.