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STATE v. ALLEN

No. 33402.

177 P.3d 397 (2008)

STATE of Idaho, Plaintiff-Appellant, v. Michael Duane ALLEN, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied January 7, 2008.

Attorney(s) appearing for the Case

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

Charles E. Kovis, Moscow, for respondent. Charles E. Kovis argued.

Tim Gresbeck, Moscow, for respondent.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED OCTOBER 24, 2007 IS HEREBY WITHDRAWN

LANSING, Judge.

This is the State's appeal from the district court's appellate decision and order reversing Michael Duane Allen's conviction for driving under the influence of alcohol on the grounds that the magistrate abused its discretion by declining to exclude a non-disclosed State's witness as a discovery sanction.

I.

FACTUAL & PROCEDURAL...

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