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STATE v. MICHAEL

No. 16253.

729 P.2d 405 (1986)

111 Idaho 930

STATE of Idaho, Plaintiff-Respondent, v. Mitch MICHAEL, Jr., Defendant-Appellant.

Supreme Court of the State of Idaho.

November 14, 1986.

Attorney(s) appearing for the Case

Charles B. Lempesis, Post Falls, and William V. Brown, Coeur d'Alene, for defendant-appellant.

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

HUNTLEY, Justice.

In January 1985, Mitch Michael, Jr., a member of the Coeur d'Alene Indian tribe and resident of the State of Idaho, was involved in an automobile accident which seriously injured Randy and Sandy Hohf, who are non-Indians. The accident occurred within the boundaries of the Coeur d'Alene Indian Reservation. Michael was charged with the crime of aggravated driving while under the influence.

In July 1985, Michael moved for an order dismissing...

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