concurring in the result.
Because I believe that there is much in the Court’s opinion in this case and the related eases argued contemporaneously, Carter v. State, 103 Idaho 701, 652 P.2d 649 and Downing v. State, 103 Idaho 689, 652 P.2d 193, 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. .......