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STATE v. ALLEN

No. 33677.

172 P.3d 1150 (2007)

STATE of Idaho, Plaintiff-Respondent, v. Troy Alton ALLEN, Defendant-Appellant.

Court of Appeals of Idaho.

November 30, 2007.

Attorney(s) appearing for the Case

Bujak Law, P.L.L.C., Nampa, for appellant. John T. Bujak argued.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. Jessica M. Lorello argued.

LANSING, Judge.

This is an appeal of the district court's denial of Troy Alton Allen's motion for additional credit for prejudgment incarceration.

I.

BACKGROUND

In 2002, Allen pleaded guilty to driving under the influence. The district court withheld judgment pursuant to Idaho Code § 19-2601(3) and therefore pronounced no sentence of incarceration but placed Allen on probation. On three occasions, Allen was found in violation of terms...

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