STATE v. SUTTON

No. 16737.

748 P.2d 416 (1987)

113 Idaho 832

STATE of Idaho, Plaintiff-Respondent, v. Robbie Ray SUTTON, Defendant-Appellant.

Court of Appeals of Idaho.

December 31, 1987.


Attorney(s) appearing for the Case

Dennis R. Byington, Burley, for defendant-appellant.

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-respondent.


SWANSTROM, Judge.

Robbie Ray Sutton appeals from an order denying his motion under I.C.R. 35 for reconsideration of an indeterminate sentence of five years for burglary. He raises two issues. The first is whether the district court abused its discretion by imposing an excessive sentence; the second is whether the district court erred by not amending his sentence to give him credit for the time he spent on probation. For reasons stated below, we affirm.

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