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STATE v. COBY

No. 21837.

910 P.2d 762 (1996)

128 Idaho 90

STATE of Idaho, Plaintiff-Appellant, v. Cleve C. COBY, Defendant-Respondent.

Supreme Court of Idaho, Pocatello, May, 1995.

February 2, 1996.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General, Boise, Douglas A. Werth (argued), Deputy Attorney General, for appellant.

Whittier, Souza & Clark, Cht., Pocatello, for respondent. Robert C. Naftz argued.

McDEVITT, Chief Justice.

This appeal is a consolidation of three cases where Respondent, Cleve C. Coby (Coby) was charged with felony Driving Under the Influence (DUI), I.C. §§ 18-8004, 18-8005(5), and felony Driving Without Privileges (DWP), I.C. § 18-8001(5). Each of the charges were enhanced to felony charges based on two prior convictions. Coby moved to reduce the felony charges to misdemeanors, alleging that the two prior convictions used to enhance...

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