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STATE v. EMORY

No. 17944.

809 P.2d 522 (1991)

119 Idaho 661

STATE of Idaho, Plaintiff-Respondent, v. Wayne Miles EMORY, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied May 10, 1991.

Attorney(s) appearing for the Case

David R. Samuelson, Boise, for defendant-appellant.

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

SUBSTITUTE OPINION ON REHEARING

The Court's prior opinion dated August 16, 1990, is hereby withdrawn.

SWANSTROM, Judge.

Wayne Emory stands convicted of felony driving while under the influence of alcohol. I.C. §§ 18-8004, -8005. The sole issue, reserved by a conditional guilty plea, is whether the arresting officer had a reasonable and articulable suspicion justifying his stop of Emory's vehicle. We hold that he did not.

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