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STATE v. GLENN

No. 39567.

319 P.3d 1191 (2014)

STATE of Idaho, Plaintiff-Respondent, v. Samuel Thomas GLENN, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 2013 Term.

February 21, 2014.

Attorney(s) appearing for the Case

Sara B. Thomas , Idaho Appellate Public Defender, Boise, for appellant. Brian R. Dickson , Deputy State Appellate Public Defender argued.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent. Jessica M. Lorello , Deputy Attorney General argued.

BURDICK, Chief Justice.

Samuel Glenn appeals the Ada County district court's denial of his motion to dismiss a 2010 driving under the influence (DUI) charge. On that charge, the State sought an enhanced sentence based upon Glenn's 2001 DUI conviction. The district court had previously dismissed Glenn's 2001 DUI conviction pursuant to I.C. § 19-2604. Glenn argues on appeal that the district court erred because Idaho Supreme Court precedent holds that cases dismissed...

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