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STATE v. ROY

Nos. 21095, 21469.

899 P.2d 441 (1995)

127 Idaho 228

STATE of Idaho, Plaintiff-Respondent, v. Fred Dean ROY, Defendant-Appellant.

Supreme Court of Idaho, North Idaho, April 1995 Term.

June 30, 1995.

Attorney(s) appearing for the Case

Jones, Brower & Callery, Lewiston, for appellant. Thomas W. Callery, argued.

Alan Lance, Idaho Atty. Gen.; Michael A. Henderson, Deputy Atty. Gen., Boise, for respondent. Michael A. Henderson argued.

TROUT, Justice.

Fred Dean Roy appeals his conviction for operating a motor vehicle while under the influence of alcohol (DUI), a felony offense in this case due to the existence of two prior misdemeanor DUI convictions within five years.

I.

BACKGROUND AND PROCEDURAL HISTORY

On December 1, 1992, Lewiston police officers pulled over a pickup truck operated by Roy. The officers suspected that Roy was under the influence of alcohol and requested...

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