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STATE v. NICKERSON

No. 19459.

828 P.2d 1330 (1992)

121 Idaho 925

STATE of Idaho, Plaintiff-Respondent, v. Warren NICKERSON, Defendant-Appellant.

Court of Appeals of Idaho.

April 3, 1992.

Attorney(s) appearing for the Case

Gregory A. Jones, Kootenai County Public Defender, Joel Ryan, Deputy Public Defender of Coeur d'Alene, for defendant-appellant.

Larry J. EchoHawk, Atty. Gen., Michael J. Kane, Deputy Atty. Gen., Boise, for plaintiff-respondent.

SILAK, Judge.

Warren Nickerson was charged with felony driving under the influence, I.C. §§ 18-8004 and 18-8005. Nickerson made a pretrial motion to vacate the felony designation on the charge on the ground that, at the time he was sentenced for his second DUI conviction, he was not notified in writing, as prescribed by I.C. § 18-8005(2)(c), regarding the enhanced penalties for subsequent DUI violations. After the district court denied Nickerson's motion...

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