State v. Bedard

I dissent to Part I, in which the majority holds, “The State failed to prove that a proper visual or audible signal to stop was given and therefore the decision of the district court reversing the conviction for eluding an officer is affirmed.” Ante at 1228. The majority’s conclusion that the State was required to show, as an element of the offense of eluding a police officer, that Deputy Dagastine gave “a proper visual or audible signal to stop,” as defined by I.C. § 49-606 (now 49-623), is erroneous. I.C. § 49-1102 (now 49-1404), under which Bedard was charged and convicted of eluding a…