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STATE v. GOERIG

No. 18517.

822 P.2d 1005 (1991)

121 Idaho 108

STATE of Idaho, Plaintiff-Respondent, v. James McLendon GOERIG, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied January 31, 1992.

Attorney(s) appearing for the Case

Frederick G. Loats, Coeur d'Alene, for defendant-appellant.

Larry J. EchoHawk, Atty. Gen., Myrna A.I. Stahman, Asst. Atty. Gen., argued, Boise, for plaintiff-respondent.

SILAK, Judge.

James Goerig was arrested in Kootenai County by a Rathdrum city police officer for driving under the influence of alcohol, I.C. § 18-8004, and he was also charged with resisting a police officer, I.C. § 18-705. Because Goerig had pled guilty to two prior offenses of driving under the influence of alcohol between 1985 and 1989, the prosecutor charged Goerig with a felony violation of I.C. § 18-8004 pursuant to I.C. § 18-8005(3). Under...

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