STATE v. RODRIQUEZ-PEREZ

No. 21447.

921 P.2d 206 (1996)

129 Idaho 29

STATE of Idaho, Plaintiff-Respondent, v. Daniel RODRIQUEZ-PEREZ, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied August 28, 1996.


Attorney(s) appearing for the Case

Matthews Law Offices, Boise, for appellant. Ellison M. Matthews argued.

Alan G. Lance, Attorney General; Catherine O. Derden, Deputy Attorney General (argued), Boise, for respondent.


LANSING, Judge.

This appeal presents two issues. First, we must determine whether the State engages in vindictive prosecution, in violation of the Fourteenth Amendment, if a prosecutor carries out a threat made during plea negotiations to obtain a new indictment on a more serious charge if the defendant will not plead guilty to the original charge. The second issue is whether the defendant was denied his statutory and constitutional rights to a speedy trial when a...

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