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STATE v. LAMB

No. 34969.

206 P.3d 497 (2009)

STATE of Idaho, Plaintiff-Respondent, v. Frankie Gene LAMB, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied April 16, 2009.

Attorney(s) appearing for the Case

Thomas A. Sullivan of Wiebe & Fouser, P.A., Caldwell, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Ann Wilkinson, Deputy Attorney General, Boise, for respondent.

LANSING, Chief Judge.

Frankie Gene Lamb appeals from his conviction for felony driving under the influence, asserting that the pursuit of the charge as a felony violates due process and the constitutional prohibition of ex post facto laws. We affirm.

I.

FACTS AND PROCEDURE

In 2001 and again in 2003, Lamb was convicted of misdemeanor driving under the influence for offenses committed in Idaho. Under the law in effect at those times, a third...

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