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STATE v. OTT

No. 13452.

605 P.2d 973 (1980)

STATE of Idaho, Plaintiff-Appellant, v. Charles William OTT, Defendant-Respondent.

Supreme Court of Idaho.

February 6, 1980.

Attorney(s) appearing for the Case

David Lee Posey, Pros. Atty., Payette, for plaintiff-appellant.

Bert L. Osborn of Welch & Osborn, Payette, for defendant-respondent.

PER CURIAM:

The defendant respondent Ott moved to dismiss the appeal filed by the prosecuting attorney of Payette County from an order of the district court dated July 26, 1979, which apparently terminated the above entitled criminal action. Although the notice of appeal was filed on August 29, 1979, the Attorney General of the State of Idaho has not participated by joining in said notice of appeal pursuant to his statutory authority under I.C. § 67-1401(1)....

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