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STATE v. HINOSTROZA

No. 16992.

759 P.2d 912 (1988)

114 Idaho 621

STATE of Idaho, Plaintiff-Respondent, v. Maximo Jesus HINOSTROZA, Defendant-Appellant.

Court of Appeals of Idaho.

May 4, 1988.

Attorney(s) appearing for the Case

Randy Stoker, Twin Falls, for defendant-appellant.

Jim Jones, Atty. Gen. by Peter C. Erbland, Deputy Atty. Gen., Boise, for plaintiff-respondent.

BURNETT, Judge.

Maximo Hinostroza stands convicted of vehicular manslaughter. He is serving a seven-year indeterminate sentence in the custody of the Board of Correction. On appeal he presents three issues: (1) whether the initial filing and dismissal of a felony DUI charge triggered a constitutional or statutory protection against being prosecuted for the vehicular manslaughter; (2) whether the evidence was inadequate, entitling Hinostroza to a judgment of acquittal...

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