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STATE v. HOWARD, III

Docket No. 35705.

STATE OF IDAHO, Plaintiff-Appellant, v. JIM HOWARD, III, Defendant-Respondent.

Court of Appeals of Idaho.

Filed January 26, 2010.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for appellant. Jessica M. Lorello argued.

Molly J. Huskey, State Appellate Public Defender; Sarah E. Tompkins, Deputy Appellate Public Defender, Boise, for respondent. Sarah E. Tompkins argued.

SCHWARTZMAN, Judge Pro Tem

After a jury found Jim Howard, III, guilty of misdemeanor driving under the influence, in subsequent proceedings the district court found Howard not guilty of the charging enhancement because of the failure of proof on an element necessary to elevate the offense to a felony. The State appeals, contending that the district court erred in its legal ruling leading to that finding. We hold that the State's appeal must be dismissed, for even...

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