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STATE v. REICHENBERG

No. 22350.

915 P.2d 14 (1996)

128 Idaho 452

STATE of Idaho, Plaintiff-Respondent, v. Brenda Lynn REICHENBERG, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 1995 Term.

April 10, 1996.

Attorney(s) appearing for the Case

William J. Brauner, P.A., Caldwell; and Brian E. Elkins, Ketchum; Westberg, McCabe & Collins, Ctd., Boise, for appellant. William J. Brauner and Thomas J. McCabe, argued.

Alan G. Lance, Attorney General; Michael A. Henderson, Deputy Attorney General, Boise, for respondent. Michael A. Henderson, argued.

SILAK, Justice.

Appellant Brenda Lynn Reichenberg (Reichenberg) appeals from the district court's order affirming the magistrate's denial of a motion to dismiss a charge of Driving Under the Influence of Alcohol (DUI) as impermissible under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, art. I, § 13 of the Idaho Constitution, and I.C. § 18-301 (repealed, 1995). We affirm.

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