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STATE v. CULBERTSON

No. 14754.

666 P.2d 1139 (1983)

105 Idaho 128

STATE of Idaho, Plaintiff-Appellant, v. William Leslie CULBERTSON, Defendant-Respondent.

Supreme Court of Idaho.

July 13, 1983.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-appellant.

G. LaMarr Kofoed, Fruitland, for defendant-respondent.

SHEPARD, Justice.

This is an appeal by the State from an order of the district court suppressing evidence of a confession by defendant Culbertson on the basis that the State failed to prove defendant's waiver of his right not to incriminate himself and defendant's waiver of his right to have an attorney present. We reverse and remand for an additional hearing and findings for fact.

Culbertson was incarcerated in...

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