STATE v. SCHALL

No. 41645.

337 P.3d 647 (2014)

STATE of Idaho, Plaintiff-Respondent, v. Gary L. SCHALL, Defendant-Appellant.

Supreme Court of Idaho, Boise, August 2014 Term.

October 29, 2014.


Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender, Boise, for appellant. Shawn F. Wilkerson argued.

Honorable Lawrence G. Wasden , Attorney General, Boise, for respondent. Daphne J. Huang argued.


J. JONES, Justice.

Gary Schall was arrested for driving under the influence of alcohol. Schall had two prior convictions for driving under the influence within the previous ten years, one of which stemmed from a 2004 arrest in Wyoming. As a result of his prior convictions, the State enhanced his DUI charge to a felony pursuant to Idaho Code section 18-8005(6). At Schall's preliminary hearing, the magistrate found that there was probable cause to bind the case over...

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