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STATE v. CARDONA

No. 19870.

843 P.2d 166 (1992)

123 Idaho 16

STATE of Idaho, Plaintiff-Respondent, v. Genero CARDONA, Defendant-Appellant.

Court of Appeals of Idaho.

December 1, 1992.

Attorney(s) appearing for the Case

David N. Parmenter, Blackfoot, for defendant-appellant.

Larry EchoHawk, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

WALTERS, Chief Judge.

Genero Cardona was convicted of felony DUI and sentenced to serve five years in the custody of the Board of Correction, including a minimum period of two years' incarceration. Recognizing that his sentence was within the five-year statutory maximum, see I.C. §§ 18-8004, 18-8005(5), Cardona sought a reduction under I.C.R. 35, arguing that his sentence was excessive under the circumstances. The district court denied the motion...

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