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STATE v. RUPERD

No. 32761.

202 P.3d 1288 (2009)

STATE of Idaho, Plaintiff-Respondent, v. Dale A. RUPERD, Defendant-Appellant.

Court of Appeals of Idaho.

February 6, 2009.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Heather M. Carlson, Deputy Appellate Public Defender, Boise, for appellant. Heather M. Carlson argued.

Hon. Lawrence G. Wasden, Attorney General; Rebekah A. Cudé, Deputy Attorney General, Boise, for respondent. Rebekah A. Cudé argued.

PERRY, Judge.

Dale A. Ruperd appeals from his judgments of conviction for felony possession of a controlled substance, possession of drug paraphernalia, misdemeanor possession of a controlled substance, and possession of an open container. Specifically, Ruperd challenges the district court's refusal to reschedule a hearing on his motion to suppress evidence after he failed to appear. For the reasons set forth below, we remand for further proceedings.

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