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STATE v. PENA-REYES

No. 23378.

962 P.2d 1040 (1998)

131 Idaho 656

STATE of Idaho, Plaintiff-Respondent, v. Gabriel PENA-REYES, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 1997 Term.

July 20, 1998.

Attorney(s) appearing for the Case

Kaaren L. Barr, Boise, for appellant.

Alan G. Lance, Attorney General; Myrna A.I. Stahman, Deputy Attorney General, Boise, for respondent. Myrna A.I. Stahman argued.

TROUT, Chief Justice.

This is an appeal from the district court's denial of Gabriel Pena-Reyes' (Pena-Reyes) motion challenging the constitutionality of I.C. § 37-2732B(a)(7). We affirm the district court's denial of Pena-Reyes' motion.

I.

BACKGROUND

On November 3, 1995, the State of Idaho (State) filed a complaint charging Pena-Reyes with one count of trafficking in cocaine and one count of trafficking in methamphetamine. Pursuant...

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