STATE v. EUBANK

No. 16840.

759 P.2d 926 (1988)

114 Idaho 635

STATE of Idaho, Plaintiff-Respondent. v. Thomas Edward EUBANK, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied November 7, 1988.


Attorney(s) appearing for the Case

Jeff M. Brudie, Knowlton & Miles, Lewiston, for defendant-appellant.

Jim Jones, Atty. Gen. by David R. Minert, Deputy Atty. Gen., Boise, for plaintiff-respondent.


BURNETT, Judge.

This case presents issues of sentencing procedure and sentencing discretion. The case comes to us on appeal by Thomas Eubank, who stands convicted of two related felonies — first degree burglary of a home and sexual abuse of a child inside the home. Upon these convictions, and upon a determination that Eubank was a persistent violator under I.C. § 19-2514, the district judge imposed a single sentence for a fixed term of life in prison....

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