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STATE v. DIAZ

No. 17821.

788 P.2d 207 (1990)

117 Idaho 392

STATE of Idaho, Plaintiff-Respondent, v. Jiwana DIAZ, aka Jiwana Tail, Defendant-Appellant.

Supreme Court of Idaho.

March 1, 1990.

Attorney(s) appearing for the Case

Michael J. Wood, Twin Falls, for defendant-appellant.

Jim Jones, Atty. Gen., Michael J. Kane (argued), Deputy Atty. Gen., Boise, for plaintiff-respondent.

BAKES, Chief Justice.

Jiwana Diaz was arrested for possession of controlled substances with intent to deliver. She appeals from a decision of the district court which affirmed the magistrate's dismissal of a criminal complaint against Diaz, but which also reversed the magistrate's order which had held that the state could not refile a criminal case against Diaz unless 1) the state came before that particular magistrate, and 2) the state discovered new evidence, or...

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