STATE v. MAYNARD

No. 29340.

88 P.3d 695 (2004)

139 Idaho 876

STATE of Idaho, Plaintiff-Appellant-Cross-Respondent, v. Lyle John MAYNARD, II, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Lewiston, October 2003 Term.

Rehearing Denied April 27, 2004.


Attorney(s) appearing for the Case

Hon. Lawrence Wasden, Attorney General, Boise, for appellant. Lori A. Fleming argued.

Clark & Feeney, Lewiston, for respondent. Charles M. Stroschein argued.


BURDICK, Justice.

The State has petitioned this Court for review from the decision of the Court of Appeals dismissing the appeal. Because the district court erred in allowing the State to proceed with an interlocutory appeal and the magistrate abused his discretion in issuing his discovery sanction, the Court remands this case for further proceedings.

BACKGROUND

Maynard was charged with misdemeanor driving under the influence of alcohol, and through...

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