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STATE v. NEVAREZ

Nos. 34692, 34902.

210 P.3d 578 (2009)

STATE of Idaho, Plaintiff-Respondent, v. Ramiro R. NEVAREZ, Defendant-Appellant. State of Idaho, Plaintiff-Respondent, v. Marco Antonio Jimenez, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied June 24 and July 13, 2009.

Attorney(s) appearing for the Case

Nevin, Benjamin, McKay & Bartlett, LLP, Boise, for appellant Ramiro R. Nevarez. Jeffrey Brownson argued.

Molly J. Huskey, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant Marco A. Jimenez. Jason C. Pintler argued.

Hon. Lawrence G. Wasden, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent. John C. McKinney argued.

LANSING, Chief Judge.

In separate cases that were consolidated for oral argument on appeal, Nevarez and Jimenez entered conditional guilty pleas to robbery, reserving the right to appeal from the denial of their respective motions for public funds to hire an expert witness and motions to suppress evidence.

I.

BACKGROUND

At about 1 a.m. on October 27, 2006, Deputy Joe Moore of the Minidoka County Sheriff's Department was patrolling when...

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