State v. Swenson

SILAK, Justice.

The district court dismissed a felony charge of driving under the influence of alcohol, I.C. §§ 18-8004, 18-8005(3), because the sheriffs office had failed to record the arresting deputy sheriffs sworn official oath and his notice of appointment with the county recorder. The state appeals from the dismissal arguing that the officer in question was, if not a de jure officer, at least a de facto sheriffs deputy. For the reasons stated below, we conclude that the case should not have been dismissed, and we reverse and remand.

A Gooding County deputy sheriff, Destry Sean Brown,…