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STATE v. TALAVERA

Docket No. 22033.

905 P.2d 633 (1995)

127 Idaho 700

STATE of Idaho, Plaintiff-Respondent, v. Juan TALAVERA, Defendant-Appellant.

Supreme Court of Idaho, Idaho Falls, September, 1995 Term.

Rehearing Denied November 28, 1995.

Attorney(s) appearing for the Case

Robert J. Crowley, Jr., Rigby, for appellant.

Alan G. Lance, Attorney General, Michael Henderson, Deputy Attorney General, Boise, for respondent. Michael A. Henderson argued.

SCHROEDER, Justice.

This is an appeal from a district court order denying appellant Juan Talavera's (Talavera) motion to dismiss a felony charge of driving under the influence as impermissible under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution,1 Article I, Section 13 of the Idaho Constitution,2 and section 18-301 of the Idaho Code (repealed, 1995).3<...

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