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STATE v. RICE

No. 12496.

588 P.2d 951 (1979)

99 Idaho 752

The STATE of Idaho, Plaintiff-Respondent, v. Douglas Houston RICE, Defendant-Appellant.

Supreme Court of Idaho.

January 5, 1979.

Attorney(s) appearing for the Case

William H. Mulberry, Pinehurst, for defendant-appellant.

Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., David G. High, Asst. Atty. Gen., Boise, for plaintiff-respondent.

KRAMER, Justice pro tem.

On November 23, 1976 the appellant, Douglas Houston Rice, was convicted by a jury of resisting an officer in violation of Idaho Code § 18-2703. The maximum punishment for that offense is five years in the State Penitentiary and/or a $5,000 fine. A presentence report was prepared, and a sentencing hearing conducted on December 13, 1976. After hearing arguments of counsel and the appellant's statement, the trial court sentenced the appellant...

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