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STATE v. MAXEY

No. 19356.

873 P.2d 161 (1993)

125 Idaho 516

STATE of Idaho, Plaintiff-Respondent, v. Gary D. MAXEY, Defendant-Appellant.

Court of Appeals of Idaho.

Review Granted August 30, 1993.

Attorney(s) appearing for the Case

Clark & Feeney, Lewiston, for defendant-appellant. Paul T. Clark argued.

Larry J. EchoHawk, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent. Myrna A.I. Stahman argued.

SILAK, Acting Judge.

Gary D. Maxey appeals from the district court's denial of his pretrial motions requesting dismissal of the State's enhanced charge of felony driving under the influence (DUI), asserting that enhancement of the charge to felony DUI was improper because the enhancement was based on two prior DUI convictions which were constitutionally and statutorily invalid. For the reasons stated below, we conclude that...

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