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STATE v. MIDDLETON

No. 16637.

757 P.2d 240 (1988)

114 Idaho 377

STATE of Idaho, Plaintiff-Respondent, v. Mark MIDDLETON, Defendant-Appellant.

Court of Appeals of Idaho.

June 16, 1988.

Attorney(s) appearing for the Case

Russell J. Gallagher, Coeur D'Alene, for defendant-appellant.

Jim Jones, Atty. Gen. by Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

SUBSTITUTE OPINION

Court's prior opinion, dated May 5, 1988, is hereby withdrawn.

BURNETT, Judge.

In this criminal case, we are asked to determine the timeliness of an appeal and to decide whether an arrest was supported by probable cause. The case comes to us from the magistrate division of the district court in Kootenai County. Mark Middleton pled guilty to the misdemeanor offense of driving under the influence of alcohol. His guilty plea was...

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