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STATE v. JOHNSON

No. 20418.

894 P.2d 125 (1995)

126 Idaho 892

STATE of Idaho, Plaintiff-Respondent, v. Shad Allan JOHNSON, Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, April 1994 Term.

Rehearing Denied April 20, 1995.

Attorney(s) appearing for the Case

Dan J. Rude, Coeur d'Alene, for appellant.

Hon. Larry EchoHawk, Atty. Gen. and Kevin P. Cassidy, Deputy Atty. Gen., argued, Boise, for respondent.

SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED OCTOBER 28, 1994 IS HEREBY WITHDRAWN.

SILAK, Justice.

BACKGROUND

On June 11, 1992, Shad Allan Johnson (Johnson) struck a bicycle ridden by Gene Kowalczuk (Gene) and Miro Luther-Lund (Miro) while driving his truck under the influence of alcohol. Gene sustained serious bodily harm in the accident. Johnson was charged with aggravated DUI pursuant to I.C. § 18-8006 which states that a person...

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