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STATE v. OLIVER

No. 33899.

170 P.3d 387 (2007)

STATE of Idaho, Plaintiff-Respondent, v. Stanley Elliott OLIVER, Defendant-Appellant.

Supreme Court of Idaho, Boise, September 2007 Term.

October 17, 2007.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Justin Curtis argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Thomas Tharp argued.

EISMANN, Chief Justice.

The Defendant appeals his felony conviction of driving while under the influence and his sentence of five years in the custody of the board of correction, with one year fixed. He contends there was insufficient evidence to support the jury's verdict of guilty and that his sentence constitutes an abuse of discretion. We affirm both the conviction and the sentence.

I. FACTS AND PROCEDURAL HISTORY

Following a low-impact vehicle...

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