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STATE v. SMITH

No. 18634.

822 P.2d 539 (1991)

121 Idaho 20

STATE of Idaho, Plaintiff-Respondent, v. William Herman SMITH, Defendant-Appellant.

Court of Appeals of Idaho.

November 20, 1991.

Attorney(s) appearing for the Case

Stanton P. Rines, Jr., Kendrick, for defendant-appellant.

Larry J. EchoHawk, Atty. Gen., James E. Leuenberger, Deputy Atty. Gen., Boise, for plaintiff-respondent. James E. Leuenberger argued.

SUBSTITUTE OPINION

The Court's prior opinion dated October 30, 1991, is hereby withdrawn.

WALTERS, Chief Judge.

William Herman Smith entered a conditional plea of guilty to driving under the influence of an intoxicating substance. The dispositive issue on appeal is whether Smith's previous conviction and sentence for inattentive driving, arising from the same driving incident, barred the prosecution for...

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