STATE v. PETERS

No. 18589.

807 P.2d 61 (1991)

119 Idaho 382

STATE of Idaho, Plaintiff-Respondent, v. Eugene PETERS, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 1991 Term.

March 11, 1991.


Attorney(s) appearing for the Case

Terry S. Ratliff, Mountain Home, for defendant-appellant.

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


JOHNSON, Justice.

The dispositive issue in this case is whether the Idaho Rules of Evidence apply in proceedings for revoking probation. We hold they do not.

In 1988, Peters was placed on probation as the result of a conviction for lewd conduct with a child under the age of sixteen years. In 1990, Peters admitted that he had violated his probation in two particulars. The trial court dismissed the allegation of a third violation.

At the hearing to determine...

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