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STATE v. SMITH

No. 21367.

906 P.2d 141 (1995)

127 Idaho 771

STATE of Idaho, Plaintiff-Respondent, v. Dion SMITH, Defendant-Appellant.

Court of Appeals of Idaho.

November 15, 1995.

Attorney(s) appearing for the Case

William J. Fitzgerald, Lewiston, for appellant.

Alan G. Lance, Attorney General; Myrna A.I. Stahman, Deputy Attorney General, Boise, for respondent.

LANSING, Judge.

Dion Smith was convicted of aggravated driving while under the influence of alcohol, I.C. § 18-8006 (DUI), and of leaving the scene of an accident resulting in injury or death, I.C. § 18-8007. In this appeal, Smith challenges his conviction for leaving the scene of an injury accident, contending that the state lacked subject matter jurisdiction to prosecute Smith, a member of the Nez Perce Indian Tribe, for this offense which was committed...

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