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STATE v. DAVIS

Nos. 30626, 31000.

118 P.3d 160 (2005)

STATE of Idaho, Plaintiff-Respondent, v. Billie Lou DAVIS, Defendant-Appellant. State of Idaho, Plaintiff-Appellant, v. Billie Lou Davis, Defendant-Respondent.

Court of Appeals of Idaho.

Review Denied August 24, 2005.

Attorney(s) appearing for the Case

Matthews Law Offices and Griffard Law Offices, Boise, for Davis. Leo N. Griffard, Jr. argued.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for State of Idaho. Kenneth K. Jorgensen argued.

PERRY, Chief Judge.

In Docket No. 30626, Billie Lou Davis appeals from the district judge's order granting the state's motion to dismiss without prejudice a criminal charge of operating a motor vehicle while under the influence of alcohol or drugs (DUI). In Docket No. 31000, the state appeals from a different district judge's order granting Davis's motion to dismiss with prejudice a subsequent felony DUI charge alleging the same conduct as the original charge, which...

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