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STATE v. HOWARD

No. 37627.

248 P.3d 722 (2011)

STATE of Idaho, Plaintiff-Appellant, v. Jim HOWARD, III, Defendant-Respondent.

Supreme Court of Idaho, Boise, November 2010 Term.

January 18, 2011.

Attorney(s) appearing for the Case

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

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

BURDICK, Justice.

After a jury found Respondent Jim Howard (Howard) guilty of misdemeanor driving under the influence (DUI), Howard proceeded to a bench trial on a felony enhancement charge for allegedly having two prior DUI convictions within ten years. The State submitted two copies of judgments of prior conviction for DUI. While the district court found the judgments admissible under the Idaho Rules of Evidence, it found that one of the judgments was not entitled...

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