STATE v. GIBSON

No. 17737.

775 P.2d 157 (1989)

116 Idaho 265

STATE of Idaho, Plaintiff-Respondent, v. Lyle GIBSON, Defendant-Appellant.

Court of Appeals of Idaho.

June 1, 1989.


Attorney(s) appearing for the Case

Jonathan W. Cottrell, Sandpoint, for defendant-appellant.

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


PER CURIAM.

Pursuant to plea negotiations, Lyle Gibson pled guilty to aggravated assault, a felony. A related kidnapping charge was dropped. He appealed from the judgment of conviction, challenging the five-year sentence imposed. While the appeal was pending, Gibson unsuccessfully sought a reduction of sentence under I.C.R. 35. The sole issue before us is whether the sentence is excessive, representing an abuse of the district court's discretion. We affirm.

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