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State v. Wilson

Court of Appeals of Idaho

May 15, 2015

STATE OF IDAHO, Plaintiff-Respondent,
v.
JUSTIN LEE WILSON, Defendant-Appellant

As Corrected May 20, 2015.

2015 Opinion No. 27

Page 440

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Lansing L. Haynes, District Judge.

Orders denying motion to exclude witness and motion for continuance, affirmed.

Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Russell J. Spencer, Deputy Attorney General, Boise, for respondent.

LANSING, Judge . Chief Judge MELANSON and Judge GRATTON CONCUR.

OPINION

Page 441

LANSING, Judge

Justin Lee Wilson conditionally pleaded guilty to felony driving under the influence, reserving the right to appeal the denial of his motions to exclude a State's witness from testifying because of a discovery violation and his motion to continue the trial. We affirm.

I.

BACKGROUND

According to testimony adduced at Wilson's preliminary hearing, at approximately 12:30 a.m. on June 28, 2012, witness Laurie Mayfield was riding a bus when she observed two men enter the bus and stagger to their seats in the back. The " obnoxious" men loudly talked about celebrating one man's birthday and about ...


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