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STATE v. GARDNER

No. 21015.

885 P.2d 1144 (1994)

126 Idaho 428

STATE of Idaho, Plaintiff-Respondent, v. Danny John GARDNER, Defendant-Appellant.

Court of Appeals of Idaho.

November 21, 1994.

Attorney(s) appearing for the Case

Whittier, McDougall, Souza, Murray & Clark, Chartered, Pocatello, for appellant.

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

LANSING, Judge.

In this appeal we must determine whether the defendant, who pleaded guilty to vehicular manslaughter, should have been allowed to withdraw his guilty plea after sentence was imposed because the prosecution did not disclose material, exculpatory evidence prior to entry of the guilty plea. We hold that, under the unique circumstances of this case, the defendant was entitled to withdraw the plea.

I...

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