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STATE v. CURTIS

No. 23565.

944 P.2d 119 (1997)

130 Idaho 522

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

Supreme Court of Idaho, Caldwell, April 1997 Term.

Rehearing Denied October 6, 1997.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; Michael A. Henderson (argued), Deputy Attorney General, for Plaintiff-Appellant.

Arthur M. Bistline, Coeur d'Alene, for Defendant-Respondent.

ON REVIEW

McDEVITT, Justice.

The respondent, Gregory Ryan Curtis (Curtis), was convicted of one count of misdemeanor driving while under the influence pursuant to I.C. § 18-8004. Curtis argues on review that the magistrate judge committed reversible error by failing to instruct the jury on the offense of inattentive driving.

I.

FACTS AND PRIOR PROCEEDINGS

On March 19, 1993, at around...

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