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STATE v. MARTINEZ

No. 16240.

723 P.2d 825 (1986)

111 Idaho 281

STATE of Idaho, Plaintiff and Respondent, v. Levi Wilfred MARTINEZ and Frank Martinez aka Poncho Martinez, Defendants and Appellants.

Supreme Court of Idaho.

On Denial of Petition for Rehearing August 29, 1986.

Attorney(s) appearing for the Case

Van G. Bishop, Nampa, for defendants and appellants.

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

HUNTLEY, Justice.

By this appeal we are asked to review a decision of the Court of Appeals which, while affirming defendants' convictions of guilty for rape, lewd conduct with a minor, aggravated battery and second degree kidnapping, held that the district court had abused its discretion in imposing sentences.

We granted the state's petition for review pursuant to I.A.R. 118 to review the sole issue of whether the Court of Appeals erred in holding that the...

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