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State v. Wilske

Court of Appeals of Idaho

May 19, 2015

STATE OF IDAHO, Plaintiff-Respondent,
v.
LEROY S. WILSKE, Defendant-Appellant

2015 Opinion No. 28

Editorial Note:

This decision is not final until exception of the 21 day petition for rehearing period. Pursuant to rule 118 of the Idaho Appellate Rules.

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

Order denying motion to sever charges for trial and order revoking probation, affirmed.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.

LANSING, Judge. Judge GUTIERREZ and Judge GRATTON CONCUR.

OPINION

LANSING, Judge

Leroy S. Wilske was convicted of three charges that had been tried together: driving under the influence of alcohol (DUI), possession of a controlled substance, and possession of drug paraphernalia. He argues that the trial court erred in denying his motion to sever the possession charges from

Page 345

the DUI charge for trial. He contends that the jurors who found him guilty of the DUI offense may have been prejudiced against him by their knowledge that he possessed marijuana.

I.

BACKGROUND


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