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STATE v. IRVING

No. 18015.

799 P.2d 471 (1990)

118 Idaho 673

STATE of Idaho, Plaintiff-Respondent, v. Michael D. IRVING, Defendant-Appellant.

Court of Appeals of Idaho.

September 26, 1990.

Attorney(s) appearing for the Case

Bruce H. Greene, Sandpoint, for defendant-appellant.

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

SWANSTROM, Judge.

Michael Irving entered a conditional plea of guilty to the misdemeanor charge of driving while under the influence, reserving the right to appeal from the magistrate's denial of his motion for continuance. I.C.R. 11(a)(2). The district court, acting as an appellate court, affirmed the magistrate's order denying Irving's motion. Appealing again, Irving contends the magistrate erred in denying his motion for continuance. For reasons expressed below...

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