STATE v. GETT

No. 22166.

938 P.2d 1234 (1997)

130 Idaho 196

STATE of Idaho, Plaintiff-Appellant, v. Clyde Leon GETT, Defendant-Respondent.

Supreme Court of Idaho, Boise, March 1997 Term.

June 6, 1997.


Attorney(s) appearing for the Case

Alan G. Lance, Attorney General, Thomas P. Watkins (argued), Deputy Attorney General, Boise, for plaintiff-appellant.

Terry S. Ratliff, Boise, for defendant-respondent.


McDEVITT, Justice.

The State of Idaho (State) appeals the decision of the district court dismissing the charges against respondent Clyde Gett (Gett). Gett was charged with manufacturing a controlled substance, I.C. § 37-2732(a)(1)(B), and with failure to affix a drug tax stamp to a controlled substance, I.C. §§ 63-4204 and 63-4207.

I.

FACTS AND PRIOR PROCEEDINGS

On July 19, 1993, a search warrant was executed on the residence...

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