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STATE v. WINSON

No. 22179.

923 P.2d 1005 (1996)

129 Idaho 298

STATE of Idaho, Plaintiff-Respondent, v. Orville W. WINSON, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied October 10, 1996.

Attorney(s) appearing for the Case

George P. Essma, Twin Falls, for appellant.

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

PERRY, Judge.

This is an appeal from the district court's order affirming Orville W. Winson's judgment of conviction for driving under the influence. I.C. §§ 18-8004, -8005(4). Winson claims, as he did before the district court, that the magistrate erred in: (1) instructing the jury that the instrument used to test Winson's blood alcohol concentration was approved by the State of Idaho; (2) excluding two defense witnesses from testifying as a discovery sanction...

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