STATE v. TAMS

No. 36539.

240 P.3d 939 (2010)

STATE of Idaho, Plaintiff-Appellant, v. Clarence TAMS, Defendant-Respondent.

Court of Appeals of Idaho.

September 21, 2010.


Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General; Rebekah A. Cudé , Deputy Attorney General, Boise, for appellant. Rebekah A. Cudé argued.

Featherston Law Firm, Chtd., Sandpoint, for respondent. Daniel P. Featherston argued.


MELANSON, Judge.

The State of Idaho appeals from the district court's intermediate appellate decision vacating Clarence Tams' judgment of conviction for placing debris on a highway. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Tams was hauling cattle from Canada to a slaughterhouse in Washington. Prior to crossing the border into the United States, Tams passed through a significant rainstorm, which added rainwater...

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