STATE v. GARRETT

No. 17795.

811 P.2d 488 (1991)

119 Idaho 878

STATE of Idaho, Plaintiff-Respondent, v. Michael J. GARRETT, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 1990 Term.

May 9, 1991.


Attorney(s) appearing for the Case

Wilson & Carnahan, Boise, for defendant-appellant. Robert R. Chastain, argued.

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


BISTLINE, Justice.

The defendant-appellant Michael J. Garrett challenges the district court's admission into evidence of the results of a horizontal gaze nystagmus test (or HGN test) administered to Garrett by the police officer who had stopped him for driving while under the influence of alcohol or drugs (DUI). Garrett also appeals the use of two prior DUI convictions to enhance his present conviction to the status of a felony. We affirm the district court.

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