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STATE v. SMOKE

No. 22799.

939 P.2d 582 (1997)

130 Idaho 263

STATE of Idaho, Plaintiff-Appellant, v. Kelo SMOKE, Defendant-Respondent.

Court of Appeals of Idaho.

May 28, 1997.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General, L. La-Mont Anderson, Deputy Attorney General (argued), Boise, for plaintiff-appellant.

John M. Adams, Kootenai County Public Defender, J. Bradford Chapman, Deputy Public Defender (argued), Coeur d'Alene, for defendant-respondent.

PERRY, Judge.

Kelo Smoke was arrested and incarcerated in the Kootenai County Jail on September 28, 1995. Several hours after he was incarcerated, detention deputies Buhl and Thomas realized that Smoke had a cut on his wrist and decided to transport him to a medical center for possible treatment. After loading Smoke into a van, deputy Thomas attempted to fasten Smoke's seat belt. Smoke bit deputy Thomas on the arm. Deputy Buhl attempted to assist deputy Thomas, and...

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