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STATE v. DETWEILER

No. 16878.

767 P.2d 286 (1989)

115 Idaho 443

STATE of Idaho, Plaintiff-Respondent, v. Robert J. DETWEILER, Defendant-Appellant.

Court of Appeals of Idaho.

January 10, 1989.

Attorney(s) appearing for the Case

Anton Hohler of Tway & Tway, Boise, for defendant-appellant.

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

SUBSTITUTE OPINION

The Court's prior opinion, dated November 3, 1988, is hereby withdrawn.

PER CURIAM.

Robert Detweiler appeals from the district court's appellate decision affirming an order denying Detweiler's I.C.R. 33(c) motion to withdraw his guilty plea and affirming a judgment of conviction, including the sentence imposed, for driving under the influence. The issues are whether the magistrate abused his discretion in denying the Rule 33(c...

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