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STATE v. MUNOZ

No. 36542-2009.

233 P.3d 52 (2010)

STATE of Idaho, Plaintiff-Respondent, v. Corey Richard MUNOZ, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 2010 Term.

Rehearing Denied May 13, 2010.

Attorney(s) appearing for the Case

Nevin, Benjamin, McKay & Bartlett, LLP, Boise, for appellant. Robyn A. Fyffe argued.

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

EISMANN, Chief Justice.

This is an appeal from the denial of a motion to suppress. The central issue is whether the district court erred in believing the officer's testimony during the suppression hearing, where that testimony was irreconcilable with the same officer's testimony during the preliminary hearing. We hold that the credibility of witnesses is for the trial court to determine and uphold the judgment of the district court.

I. FACTS AND PROCEDURAL...

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