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STATE v. TURBYFILL

No. 38579.

301 P.3d 647 (2012)

STATE of Idaho, Plaintiff-Respondent, v. Tiffany Leigh TURBYFILL, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied November 29, 2012.

Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender; Spencer J. Hahn , Deputy Appellate Public Defender, Boise, for appellant.

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

LANSING, Judge.

Tiffany Leigh Turbyfill appeals from her conviction for felony driving under the influence of alcohol. Turbyfill argues that pursuant to Idaho Code § 18-8004(2), the State is prohibited from prosecuting her because in breath testing, one of her three breath samples yielded an alcohol concentration of less than the legal limit. The district court denied Turbyfill's motion to dismiss, and she challenges that order.

I.

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