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STATE v. TATE

No. 18788.

834 P.2d 883 (1992)

122 Idaho 366

STATE of Idaho, Plaintiff-Respondent, v. Mark Albert TATE, Jr., Defendant-Appellant.

Court of Appeals of Idaho.

April 7, 1992.

Attorney(s) appearing for the Case

Siebe, Landeck, Westberg & Judge, Moscow, for defendant-appellant. James Siebe, argued.

Larry Echohawk, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-respondent. Myrna A.I. Stahman, argued.

SWANSTROM, Judge.

Mark Tate, Jr., was convicted by a jury of felony driving under the influence. I.C. §§ 18-8004, -8005(3). The district court issued an order for withheld judgment and probation, and Tate appeals. We affirm.

Tate raises several issues: (1) did the district court err when it granted the state's motion in limine preventing the defense expert, Dr. Barclay, from testifying (a) regarding his calculation of Tate's blood alcohol concentration...

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