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STATE v. BARKER

No. 19842.

845 P.2d 580 (1992)

123 Idaho 162

STATE of Idaho, Plaintiff-Respondent, v. Ernest P. BARKER, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied February 18, 1993.

Attorney(s) appearing for the Case

Raymundo G. Pena, Rupert, for defendant-appellant.

Larry EchoHawk, Atty. Gen., Thomas P. Watkins, Deputy Atty. Gen., Boise, for plaintiff-respondent.

WALTERS, Chief Judge.

Ernest Barker was arrested and charged with driving under the influence (DUI). I.C. § 18-8004. At trial, he moved for an order requiring the state to elect to prosecute by using only one of the two methods of proof described in § 18-8004, thereby precluding prosecution by the other method. The magistrate denied the motion, and instructed the jury that the state could establish guilt by either method of proof. The jury found Barker guilty...

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