(Download) "State Idaho v. Eugene L. Mccoy" by Supreme Court of Idaho No. 10783 ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Eugene L. Mccoy
- Author : Supreme Court of Idaho No. 10783
- Release Date : January 25, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This appeal presents one question for our consideration: the validity of I.C. § 49-1102(d) as amended by the 1970
Legislature.[Footnote 1] The statute as amended will hereafter be referred to as I.C. § 49-1102(d). In proceedings
below, the probate court refused to effect the provisions of this statute and the district court quashed an Alternative Writ
of Mandate which would have compelled the probate court to enter judgment in accordance with the statute. The state has appealed
this decision of the district court and asserts the validity of the statute in issue and the power of the legislature to enact
it. On June 24, 1970 Ernesto Medina was adJudged guilty of driving while under the influence of intoxicating liquor, an offense
committed on June 4, 1970. Judge McCoy of the Probate Court of Twin Falls County fined Medina $175.00 and $5.00 court costs
and sentenced him to thirty days in the county jail. The probate Judge then suspended $125.00 of the fine and the entire jail
sentence and placed Medina on probation for six months, despite I.C. § 49-1102(d) which provided a mandatory minimum
ten day jail sentence upon a conviction for this offense.