State v. Smith

LANSING, Judge.

Dion Smith was convicted of aggravated driving while under the influence of alcohol, I.C. § 18-8006 (DUI), and of leaving the scene of an accident resulting in injury or death, I.C. § 18-8007. In this appeal, Smith challenges his conviction for leaving the scene of an injury accident, contending that the state lacked subject matter jurisdiction to prosecute Smith, a member of the Nez Perce Indian Tribe, for this offense which was committed on an Indian reservation. Smith also argues that the district court improperly instructed the jury on the issue of jurisdiction. Finally,…