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STATE v. CASTANEDA

No. 20170.

869 P.2d 234 (1994)

125 Idaho 234

STATE of Idaho, Plaintiff-Respondent, v. Fidelmiro Vargas CASTAÑEDA, Defendant-Appellant.

Court of Appeals of Idaho.

January 27, 1994.

Attorney(s) appearing for the Case

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

Larry EchoHawk, Atty. Gen.; Michael A. Henderson, Deputy Atty. Gen., Boise, for plaintiff-respondent. Michael A. Henderson argued.

LANSING, Judge.

By this appeal, we are asked to determine whether Idaho's double punishment statute, I.C. § 18-301, barred prosecution of Fidelmiro Vargas Castañeda for felony DUI when he had previously pled guilty to a misdemeanor charge for fleeing an officer, where the two charges stemmed from a common sequence of events. We conclude that the DUI charge was predicated upon different acts than the charge for fleeing an officer, and therefore, prosecution...

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