STATE v. SANTOS

No. 16521.

739 P.2d 429 (1987)

112 Idaho 1130

STATE of Idaho, Plaintiff-Respondent, v. Joe SANTOS, a/k/a Jose Hernandez, Defendant-Appellant.

Court of Appeals of Idaho.

June 22, 1987.


Attorney(s) appearing for the Case

Van G. Bishop, Nampa, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., David R. Minert, Deputy Atty. Gen., for plaintiff-respondent.


SWANSTROM, Judge.

Joe Santos, also known as Jose Hernandez, was given a fixed ten-year prison sentence after pleading guilty to first degree burglary. He raises two issues on appeal: (1) Should the district judge have given him the opportunity to withdraw his guilty plea after the judge determined that the sentencing recommendation by the state would not be followed? (2) Was the sentence overly harsh, representing an abuse...

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