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STATE v. HAYES

No. 19884.

843 P.2d 675 (1992)

123 Idaho 26

STATE of Idaho, Plaintiff-Respondent. v. Brian HAYES, Defendant-Appellant.

Court of Appeals of Idaho.

December 4, 1992.

Attorney(s) appearing for the Case

Gregory A. Jones, Kootenai County Public Defender, Jonathan B. Hull, Deputy Public Defender, Coeur d'Alene, for defendant-appellant.

Larry EchoHawk, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., for plaintiff-respondent.

SWANSTROM, Judge.

Brian Hayes appeals from the "Judgment and Commitment Upon Resentencing" entered in this case and contends that the district court abused its sentencing discretion. Upon resentencing, Hayes was sentenced to a unified twelve-year period of incarceration with five-years fixed. We affirm.

This appeal stems from a resentencing following a remand order promulgated by this Court in State v. Hayes, 121 Idaho 232

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