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STATE v. BETANCOURT

No. 37139.

262 P.3d 278 (2011)

STATE of Idaho, Plaintiff-Respondent, v. Aniceto BETANCOURT, IV, Defendant-Appellant.

Court of Appeals of Idaho.

August 3, 2011.

Attorney(s) appearing for the Case

Molly J. Huskey , State Appellate Public Defender; Eric D. Fredericksen , Deputy Appellate Public Defender, Boise, for appellant.

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

MELANSON, Judge.

Aniceto Betancourt, IV, appeals from his judgment of conviction for possession of a controlled substance. For the reasons set forth below, we vacate the judgment of conviction and remand for a new trial.

I.

FACTS AND PROCEDURE

Betancourt was stopped by an officer for failure to display a front license plate. Upon approaching the vehicle, the officer asked Betancourt where he was driving and where he had been prior to the...

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