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STATE v. ABERASTURI

No. 17923.

786 P.2d 592 (1990)

117 Idaho 201

STATE of Idaho, Plaintiff-Appellant, v. Manuel Luis ABERASTURI, Defendant-Respondent.

Court of Appeals of Idaho.

February 1, 1990.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen. by Michael J. Kane and Myrna A.I. Stahman, Deputy Attys. Gen., Boise, for plaintiff-appellant.

William H. Wellman, Nampa, for defendant-respondent.

BURNETT, Judge.

This is another in a series of criminal cases where dismissals have been sought because trials were not held within six months as provided by I.C. § 19-3501. The state has appealed a district court decision affirming a magistrate's order that dismissed the prosecution of Manuel Aberasturi on a charge of driving under the influence. It is undisputed that Aberasturi was not tried within six months. However...

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