State v. Irving

SWANSTROM, Judge.

Michael Irving entered a conditional plea of guilty to the misdemeanor charge of driving while under the influence, reserving the right to appeal from the magistrate’s denial of his motion for continuance. I.C.R. 11(a)(2). The district court, acting as an appellate court, affirmed the magistrate’s order denying Irving’s motion. Appealing again, Irving contends the magistrate erred in denying his motion for continuance. For reasons expressed below, we affirm.

When considering an appeal from the district court, acting in its appellate capacity, we review the record independently…