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STATE v. PRELWITZ

No. 24438

968 P.2d 1100 (1998)

132 Idaho 191

STATE of Idaho, Plaintiff-Respondent, v. James Daniel PRELWITZ, Defendant-Appellant.

Court of Appeals of Idaho.

December 9, 1998.

Attorney(s) appearing for the Case

Deborah A. Whipple, Boise, for appellant.

Hon. Alan G. Lance, Attorney General; Kimberly A. Coster, Deputy Attorney General, Boise, for respondent.

LANSING, Chief Judge.

This is an appeal from an order revoking probation. For the following reasons, we reverse.

James D. Prelwitz pleaded guilty to grand theft, I.C. § 18-2403, and obstructing and delaying an officer, I.C. § 18-705, in December, 1994. The district court imposed a unified five-year sentence with two years fixed for grand theft, but suspended judgment and placed Prelwitz on probation for five years. The court also imposed a 163-day...

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