STATE v. SWARTZ

No. 15856.

712 P.2d 734 (1985)

109 Idaho 1033

STATE of Idaho, Plaintiff-Respondent, v. Vernon Joseph SWARTZ, Jr., Defendant-Appellant. STATE of Idaho, Plaintiff-Respondent, v. Harley G. FORREY, Defendant-Appellant.

Court of Appeals of Idaho.

December 30, 1985.


Attorney(s) appearing for the Case

William J. Brauner, Caldwell, for defendants-appellants.

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


WALTERS, Chief Judge.

This is an appeal by Vernon Swartz, Jr. and Harley Forrey from an order of the district court reversing dismissals by a magistrate of misdemeanor citations issued to each defendant. We uphold the district court's order.

Vernon Swartz, Jr. and Harley Forrey were cited in separate, unrelated incidents while each of them allegedly was operating his motor vehicle while under the influence of alcohol. Subsequently, they each retained the same...

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