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STATE v. STEVENS

No. 20693.

892 P.2d 889 (1995)

126 Idaho 822

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

Supreme Court of Idaho, Boise, December 1994 Term.

March 30, 1995.

Attorney(s) appearing for the Case

Egusquiza & Weigt, Boise, for appellant. Dennis C. Weigt argued.

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

YOUNG, Justice Pro Tem.

Ronald Dean Stevens (Stevens) was tried before the Ada County Magistrate Division of the 4th Judicial District on the misdemeanor offense of Driving While Under the Influence of Alcohol in violation of I.C. § 18-8004. After a jury was empaneled and sworn to try the case, the magistrate declared a mistrial and dismissed the action. The state appealed this decision to the district court. The district court ruled that the magistrate had abused...

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