dissenting.
Measured against the Court of Appeals’ analysis, the opinion for this Court is not persuasive. Accordingly, my vote is to affirm State v. Wilson, 105 Idaho 669, 672 P.2d 237 (Ct.App.1983), and for the reasons stated therein. Where this Court is unable to agree with the Court of Appeals, it is noted that the confusion created by the statutes in question should be resolved by the legislature.