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STATE v. CURTIS

No. 21814.

944 P.2d 122 (1996)

130 Idaho 525

STATE of Idaho, Plaintiff-Appellant, v. Gregory Ryan CURTIS, Defendant-Respondent.

Court of Appeals of Idaho.

November 8, 1996.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for plaintiff-appellant. John C. McKinney argued.

Timothy H. Gresback, Coeur d'Alene, for defendant-respondent.

WALTERS, Chief Judge.

Gregory R. Curtis was convicted of one count of misdemeanor driving while under the influence, I.C. § 18-8004. He appealed to the district court claiming that the magistrate had erred in refusing his request to instruct the jury on inattentive driving as a lesser included offense. The district court vacated the magistrate's judgment and sentence, and remanded the matter for a new trial. The state has appealed from the district court's order...

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