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STATE v. FLUEWELLING

No. 36648.

249 P.3d 375 (2011)

STATE of Idaho, Plaintiff-Respondent, v. Shawn M. FLUEWELLING, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 2011 Term.

March 17, 2011.

Attorney(s) appearing for the Case

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

Griffard Law Offices, Boise, for appellant. Leo Griffard argued.

EISMANN, Chief Justice.

This is an appeal contending that prosecution for possessing marijuana with the intent to deliver it violated the right to practice a religion in which marijuana is used as a sacrament. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

Shawn Fluewelling (Defendant) was indicted for possession of marijuana with the intent to deliver, a felony. On January 12, 2008, a Meridian police officer responded...

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