Application of Downing

Because I believe that there is much in the Court’s opinion in this case and the related cases argued contemporaneously, Carter v. State, 103 Idaho 701, 652 P.2d 649, and State v. Russell, 103 Idaho 699, 652 P.2d 203, which is apparently in conflict with the Court’s recent opinion in True v. State, 103 Idaho 151, 645 P.2d 891, I am unable to join the Court’s opinion, being satisfied only that the result reached therein is correct.