STATE v. MILLER

Docket No. 49241.

533 P.3d 290 (2023)

STATE of Idaho, Plaintiff-Respondent, v. Robert Richard MILLER, Defendant-Appellant.

Supreme Court of Idaho, Boise, April 2023 Term.

Opinion filed: July 20, 2023.


Attorney(s) appearing for the Case

Eric D. Fredericksen , State Appellate Public Defender, Boise, for Appellant. Jacob Westerfield argued.

Raúl R. Labrador , Idaho Attorney General, Boise, for Respondent. Andrew Wake argued.


Robert Richard Miller appeals his conviction for felony driving under the influence ("DUI") and the district court's application of a sentencing enhancement based on a prior conviction for felony DUI within the previous fifteen years. Miller argues: (1) the district court erred in dismissing the jury before it heard and determined...

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