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STATE v. SWAIN

No. 14734.

672 P.2d 1073 (1983)

105 Idaho 743

STATE of Idaho, Plaintiff-Respondent, v. James Wesley SWAIN, Defendant-Appellant.

Court of Appeals of Idaho.

December 6, 1983.

Attorney(s) appearing for the Case

Charles B. Lempesis, Coeur d'Alene, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, for plaintiff-respondent.

PER CURIAM.

Appellant James Swain pled guilty to rape. I.C. § 18-6101. He was sentenced to a fixed term of twenty years in the custody of the State Board of Correction. He appeals from that sentence claiming it was unduly harsh. We affirm.

If a sentence is within the statutory maximum, it will not be disturbed on appeal absent a clear abuse of discretion. State v. Toohill, 103 Idaho 565, 650...

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