STATE v. TUPIS

No. 16497.

735 P.2d 1078 (1987)

STATE of Idaho, Plaintiff-Respondent, v. Donald TUPIS, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied May 28, 1987.


Attorney(s) appearing for the Case

Gregory A. Jones, Priest River, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., David R. Minert, Deputy Atty. Gen., Boise, for plaintiff-respondent.


WALTERS, Chief Judge.

A jury found Donald Tupis guilty of aggravated driving while under the influence of alcohol. The district court entered a judgment of conviction and committed Tupis to the custody of the state board of correction for an indeterminate period not to exceed three years. On appeal, Tupis raises three issues: (1) Should the court have granted a mistrial due to belated disclosure of exculpatory evidence? (2) Was the prosecutor's closing argument at...

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