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STATE v. SWENSON

No. 18455.

809 P.2d 1185 (1991)

119 Idaho 706

STATE of Idaho, Plaintiff-Appellant, v. Rodney Alfred SWENSON, Defendant-Respondent.

Court of Appeals of Idaho.

April 17, 1991.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., and James E. Leuenberger, Deputy Atty. Gen., Boise, for plaintiff-appellant.

Eugene D. Fredericksen, Jerome, for defendant-respondent.

SILAK, Justice.

The district court dismissed a felony charge of driving under the influence of alcohol, I.C. §§ 18-8004, 18-8005(3), because the sheriff's office had failed to record the arresting deputy sheriff's sworn official oath and his notice of appointment with the county recorder. The state appeals from the dismissal arguing that the officer in question was, if not a de jure officer, at least a de facto sheriff's deputy. For the reasons...

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