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STATE v. FUNK

No. 19959.

855 P.2d 52 (1993)

123 Idaho 967

STATE of Idaho, Plaintiff-Appellant, v. Tony Leland FUNK, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 1992 Term.

June 16, 1993.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., Douglas A. Werth, Deputy Atty. Gen., Boise, for appellant. Douglas A. Werth argued.

Swenson & Scoggin, Gooding, for respondent. Severt Swenson, Jr., argued.

JOHNSON, Justice.

This is a criminal case. The issue presented is whether a trial court that has retained jurisdiction pursuant to I.C. § 19-2601(4) and that has subsequently exercised this jurisdiction to suspend execution of the judgment has authority pursuant to I.C. § 19-2604(1) to allow the defendant to withdraw a guilty plea and dismiss the case. We conclude that I.C. § 19-2604(2), not I.C. § 19-2604(1), controls and that pursuant to I.C...

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