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STATE v. MARTIN

No. 18094.

808 P.2d 1322 (1991)

119 Idaho 577

STATE of Idaho, Plaintiff-Appellant, v. Norman Ray MARTIN, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 1990 Term.

April 8, 1991.

Attorney(s) appearing for the Case

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

Van G. Bishop, Nampa, for defendant-respondent.

PER CURIAM.

This is a criminal sentencing case in which the state appealed from a withheld judgment. The dispositive issue is whether the state has a right to appeal from the imposition of terms and conditions of probation when the state did not raise the issue of the illegality of those terms and conditions in the trial court. We hold that the state does not have the right to appeal.

I.

THE BACKGROUND...

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