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STATE v. MOORE

Nos. 35486, 36033.

231 P.3d 532 (2010)

STATE of Idaho, Plaintiff-Respondent, v. Albert R. MOORE, Defendant-Appellant.

Court of Appeals of Idaho.

April 12, 2010.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Heather M. Carlson, Deputy Appellate Public Defender, Boise, for appellant in Docket No. 35486. Heather M. Carlson argued.

Nevin, Benjamin, McKay & Bartlett LLP, Boise, for appellant in Docket No. 36033. Deborah Whipple argued.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

SCHWARTZMAN, Judge Pro Tem.

Albert R. Moore appeals from his judgment of conviction for felony driving under the influence (DUI) in Case No. 35486, as well as another judgment of conviction for the same charge in Case No. 36033. The cases are consolidated on appeal. In regard to Case No. 35486, we reverse the judgment of conviction and remand for further proceedings. In regard to Case No. 36033, we remand for further proceedings.

I.

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