State V. Dragoman

Michael Francis Dragoman appeals from his judgment of conviction for two counts of attempted kidnapping in the second degree. I.C. §§ 18-4501, -4503, and -306. Dragoman asserts that the district court erred in: (1) refusing to permit his expert witness to testify about whether an average person with a blood alcohol concentration (BAC) equivalent to Dragoman's could have formed the necessary intent to commit the offenses; (2) refusing to instruct the jury on the definition of intent; and (3) admitting evidence presented by rebuttal witnesses who testified concerning Dragoman's conduct on prior occasions when he had consumed alcohol and about his reputation in the community for using alcohol. We vacate Dragoman's judgment of conviction and remand for a new trial.