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STATE v. MILLER

No. 25261.

988 P.2d 680 (1999)

133 Idaho 454

STATE of Idaho, Plaintiff-Respondent, v. Thomas M. MILLER, Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, April 1999 Term.

September 28, 1999.

Attorney(s) appearing for the Case

John M. Adams, Kootenai County Public Defender; J. Bradford Chapman, Deputy Public Defender, Coeur d'Alene, for appellant. J. Bradford Chapman argued.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for the respondent. Kenneth K. Jorgensen argued.

SCHROEDER, Justice.

Thomas M. Miller (Miller) appeals the judgment of conviction and sentence entered against him for the felony of driving under the influence of alcohol (DUI), I.C. §§ 18-8004(1), -8005(5). The Court of Appeals vacated the judgment of conviction and remanded for a new trial after concluding that the district court had abused its discretion by excluding a defense witness from testifying. The exclusion was the sanction imposed against the...

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