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STATE v. OGATA

No. 11056.

508 P.2d 141 (1973)

95 Idaho 309

STATE of Idaho, Plaintiff-Respondent, v. William L. OGATA, Defendant-Appellant.

Supreme Court of Idaho.

March 1, 1973.

Attorney(s) appearing for the Case

Racine, Huntley, Herzog & Olson, Pocatello, for defendant-appellant.

W. Anthony Park, Atty. Gen., James G. Reid, Deputy Atty. Gen., Boise, Thomas C. Whyte, Deputy Pros. Atty., Idaho Falls, for plaintiff-respondent.

McQUADE, Chief Justice.

This is an appeal from a sentence and commitment for a term not to exceed two years in the Idaho State Penitentiary. The judgment followed a plea of guilty to the charge of "Unlawful Delivery of a Schedule 1 Controlled Substance, to-wit: Heroin" in violation of I.C. § 37-2732. Appellant appeals from the sentence portion of the judgment, contending that the district court abused its discretion in denying his application for probation.<...

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