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STATE v. BRANDSTETTER

No. 21084.

908 P.2d 578 (1995)

127 Idaho 885

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

Court of Appeals of Idaho.

December 18, 1995.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; Thomas P. Watkins, Deputy Attorney General, argued, Boise, for appellant.

Racine, Olson, Nye, Cooper and Budge, Pocatello, for respondent. Gary L. Cooper argued.

WALTERS, Chief Judge.

Dean Brandstetter was indicted by a grand jury for the misdemeanor offense of resisting, delaying or obstructing a public officer. I.C. § 18-705. The district court granted Brandstetter's motion to dismiss the indictment, and the State appealed. For the reasons stated below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 1992, Dean Brandstetter, an attorney, was retained to represent an individual charged with possession...

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