STATE v. GIBSON

No. 20817.

881 P.2d 551 (1994)

126 Idaho 256

STATE of Idaho, Plaintiff-Respondent, v. Roy Gene GIBSON, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied October 6, 1994.


Attorney(s) appearing for the Case

William J. Brauner, Caldwell, for appellant.

Larry EchoHawk, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen. (argued), Boise, for respondent.


PERRY, Judge.

Roy Gibson appeals from the district court's memorandum opinion and order affirming the magistrate's denial of his motion to dismiss. The sole issue on appeal is whether the magistrate correctly held that the parking lot of the Pasttime Bar, where Roy Gibson was cited for driving under the influence (DUI), qualifies as "private property open to the public," within the meaning of I.C. § 18-8004(1)(a). We affirm.

On July 3, 1992, Gibson left...

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