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U.S. v. SHARP

No. 34092.

179 P.3d 1059 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Douglas SHARP, Defendant-Respondent.

Supreme Court of Idaho, Boise, January 2008 Term.

January 25, 2008.

Attorney(s) appearing for the Case

Brett L. Tolman, United States Attorney, District of Utah, Salt Lake City, Utah, for appellant. Elizabethanne Stevens argued.

Steven B. Killpack, Utah Federal Public Defender, Salt Lake City, Utah, for respondent. Scott K. Wilson argued.

EISMANN, Chief Justice.

We have accepted the following question of law certified by the United States District Court for the District of Utah, Northern Division: "Does an outstanding withheld judgment based on a guilty plea qualify as a conviction under Idaho law?" We answer the question in the affirmative.

I. FACTS AND PROCEDURAL HISTORY

On December 23, 1997, Douglas Sharp pled guilty to felony burglary in the State of Idaho. At the sentencing hearing...

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