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STATE v. VINTON

Nos. 15517, 15518.

718 P.2d 1270 (1986)

110 Idaho 832

STATE of Idaho, Plaintiff-Respondent, v. Carl Joseph VINTON, Defendant-Appellant. STATE of Idaho, Plaintiff-Respondent, v. Marion VINTON, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied June 18, 1986.

Attorney(s) appearing for the Case

Dan J. Rude, Coeur d'Alene, for defendants-appellants.

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

ON PETITION FOR REHEARING

This opinion supersedes our prior opinion issued October 25, 1985, which is hereby withdrawn.

McFADDEN, Judge Pro Tem.

Carl and Marion Vinton, husband and wife, were tried by a jury and convicted of "manufacturing" marijuana in violation of I.C. § 37-2732(a)(1)(B).1 Carl Vinton was sentenced to an indeterminate term of three years and fined $2,500. However, the court retained jurisdiction...

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