State v. Howell

SWANSTROM, Judge.

Suzanne Howell appeared in magistrate division on a charge of driving a motor vehicle while having a blood alcohol content of more than 0.10 in violation of I.C. § 18-8004. On the date set for trial, and after the court denied the defendant’s motion for acquittal made at the end of the state’s case, the parties stipulated to the entry of Howell’s I.C.R. 11 conditional guilty plea. The judgment of conviction was upheld on appeal to the district court. This appeal followed. We affirm.

The principal issue on appeal deals with the alleged variance between the charge and the proof.…