STATE v. HOISINGTON

No. 14514.

671 P.2d 1362 (1983)

105 Idaho 660

STATE of Idaho, Plaintiff-Respondent, v. Monte C. HOISINGTON, Defendant-Appellant.

Court of Appeals of Idaho.

November 9, 1983.


Attorney(s) appearing for the Case

James Edward Siebe, Moscow, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.


WALTERS, Chief Justice.

On this appeal we are asked to review the propriety of imposing a twenty-year indeterminate sentence in place of a fixed sentence of eight years after it was determined that the "fixed" nature of the eight-year sentence was not legal. We uphold the imposition of the twenty-year sentence.

Monte Hoisington was found guilty, by a jury, of rape. A judgment of conviction was entered and he was sentenced to a fixed term of eight years. The...

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