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STATE v. MESENBRINK

No. 17128.

771 P.2d 514 (1989)

115 Idaho 850

STATE of Idaho, Plaintiff-Appellant, v. Timothy J. MESENBRINK, Defendant-Respondent.

Supreme Court of Idaho.

March 15, 1989.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Boise, Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-appellant. Myrna A.I. Stahman argued.

J. Gardiner Hackney, Jr., Boise, for defendant-respondent.

SHEPARD, Chief Justice.

This is an appeal by the State from the trial judge's midtrial dismissal of a felony charge of driving a motor vehicle while under the influence of alcohol. The sole question presented is the quantum of proof necessary to establish that prior to the instant case a defendant has been validly convicted of two previous driving under the influence charges within the previous five years. See I.C. § 18-8005(3). The trial judge held that...

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