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STATE v. ANDERSON

No. 34411.

175 P.3d 788 (2008)

STATE of Idaho, Plaintiff-Appellant-Cross Respondent, v. Robert ANDERSON, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, December 2007 Term.

January 9, 2008.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, State Attorney General, for appellant-cross respondent. Lori Fleming argued.

Ringert Clark, Chtd., Boise, for respondent-cross appellant. James Reid argued.

W. JONES, Justice.

Robert Anderson was convicted by jury trial for misdemeanor driving under the influence with an alcohol concentration of 0.20 or more. The State presented evidence at trial of three alcohol concentration tests by Anderson registering respectively at 0.22, 0.19, and 0.24. The Court of Appeals affirmed the district court's appellate decision reversing the jury verdict on the grounds of insufficient evidence. The Court of Appeals affirmed the district...

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