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STATE v. GALBRAITH

No. 15807.

723 P.2d 923 (1986)

111 Idaho 379

STATE of Idaho, Plaintiff-Respondent, v. Preston Leon GALBRAITH Defendant-Appellant.

Court of Appeals of Idaho.

July 29, 1986.

Attorney(s) appearing for the Case

Stanley G. Cole, Rupert, for defendantappellant.

Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen., and A. Rene Fitzpatrick, Boise, for plaintiff-respondent.

BURNETT, Judge.

Preston Galbraith stands convicted of aggravated assault for striking and seriously injuring his infant daughter. Judgment of conviction was entered upon his plea of guilty after the charge against him was reduced from aggravated battery, as originally alleged. Galbraith received an indeterminate sentence of five years in custody of the Board of Correction. He later filed a motion under I.C.R. 35, seeking...

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