STATE v. WHEELER

No. 16970.

753 P.2d 833 (1988)

114 Idaho 97

STATE of Idaho, Plaintiff-Respondent, v. Deloy WHEELER, Defendant-Appellant.

Court of Appeals of Idaho.

April 6, 1988.


Attorney(s) appearing for the Case

William F. Bacon of Johnson, Olson, Robison, Chartered, Pocatello, for defendant-appellant.

Jim Jones, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for plaintiff-respondent.


WALTERS, Chief Judge.

A magistrate, in a trial without a jury, found Deloy Wheeler guilty of driving while intoxicated. On appeal, the district court upheld the magistrate's judgment of conviction. Wheeler further appeals, contending that he did not waive his right to a jury trial, that an insufficient foundation was laid to admit the results of a breath analysis, and the evidence did not support the magistrate's finding of guilt. We hold that an effective waiver...

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