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STATE v. OJEDA

Nos. 18478, 18858.

810 P.2d 1148 (1991)

119 Idaho 862

STATE of Idaho, Plaintiff-Respondent, v. Albino OJEDA, Jr., Defendant-Appellant.

Court of Appeals of Idaho.

May 6, 1991.

Attorney(s) appearing for the Case

Van G. Bishop, Canyon County Public Defender, for defendant-appellant.

Larry EchoHawk, Atty. Gen., Michael J. Kane, Deputy Atty. Gen., Boise, for plaintiff-respondent.

WALTERS, Chief Judge.

A jury found Albino Ojeda, Jr., guilty of involuntary manslaughter based on the state's charge that he had shaken his three-month old stepson in such a manner as to cause brain damage leading to death. On appeal, Ojeda challenges the sufficiency of the evidence to support the verdict against him. He also contends he received an excessive sentence and that the court erred in denying his request for a reduction of the sentence.

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