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STATE v. LOPEZ

No. 14651.

693 P.2d 472 (1984)

107 Idaho 826

STATE of Idaho, Plaintiff-Respondent, v. Ralph LOPEZ, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied March 14, 1985.

Attorney(s) appearing for the Case

Ronald Merlin Hart, Idaho Falls, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen. and Steven W. Berenter, Deputy Atty. Gen., Boise, for plaintiff-respondent.

Before HUNTLEY, Acting C.J., and McFADDEN and OLIVER, Acting JJ., Special Panel.

HUNTLEY, Acting Chief Judge.

Mr. Lopez was held to answer on a robbery charge and entered a not guilty plea. Trial was set for March 1, 1982. The prosecutor filed a second Information1 seeking an extended term of imprisonment pursuant to I.C. § 19-2514 which provides for greater punishment for the underlying felony where the defendant is a "persistent violator". Trial was reset for March 11, 1982.

The trial court, after a...

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