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STATE v. SMELSER

Docket No. 38420, 2011 Unpublished Opinion No. 742.

STATE OF IDAHO, Plaintiff-Respondent, v. SALLY A. SMELSER, Defendant-Appellant.

Court of Appeals of Idaho.

Filed December 12, 2011.

Attorney(s) appearing for the Case

Rockstahl Law Office, Chtd.; Joe Rockstahl , Twin Falls, for appellant.

Hon. Lawrence G. Wasden , Attorney General; Jessica M. Lorello , Deputy Attorney General, Boise, for respondent.

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

GUTIERREZ, Judge.

Sally A. Smelser appeals from the judgment of conviction entered by the magistrate upon a jury verdict finding her guilty of misdemeanor driving under the influence. Specifically, she contends the district court, acting in its appellate capacity, erred in declining to review the magistrate's denial of her motion to dismiss, finding the evidence was sufficient to support...

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