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STATE v. LOWE

No. 18000.

816 P.2d 347 (1990)

120 Idaho 391

STATE of Idaho, Plaintiff-Respondent, v. Robert A. LOWE, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Granted October 9, 1990.

Affirmed August 22, 1991.

Attorney(s) appearing for the Case

Randall D. Schulthies, Pocatello, for defendant-appellant.

Jim Jones, Atty. Gen., James E. Leuenberger, Deputy Atty. Gen., Boise, for plaintiff-respondent. James E. Leuenberger argued.

WALTERS, Chief Judge.

Robert A. Lowe entered guilty pleas to charges of vehicular homicide and aggravated driving while under the influence of an intoxicating substance. The issue on appeal is whether I.C. § 18-301 prohibits separate punishment where a defendant, in a single driving incident, commits manslaughter as to one victim, and drunk driving resulting in great bodily harm to a separate victim. We hold that under these circumstances, separate punishment...

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