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STATE v. HARBAUGH

Nos. 19438, 19439.

853 P.2d 580 (1993)

123 Idaho 835

STATE of Idaho, Plaintiff-Appellant, v. Chris HARBAUGH, Defendant-Respondent. STATE of Idaho, Plaintiff-Appellant, v. Jolene HARBAUGH, Defendant-Respondent.

Supreme Court of Idaho, Twin Falls, November 1992 Term.

May 19, 1993.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., Michael Kane and Michael A. Henderson, Deputy Attys. Gen., Boise, for plaintiff-appellant. Michael A. Henderson argued.

Swenson & Scoggin, Gooding, for defendants-respondents. Severt Swenson, Jr., argued.

PER CURIAM.

The issue presented to the Court in this case is whether the district court properly set aside the Harbaughs' guilty pleas and dismissed the criminal actions against them. The respondents, Chris and Jolene Harbaugh ("the Harbaughs"), on being charged with several crimes involving marijuana entered into plea agreements with the State.

After a sentencing hearing in February of 1991, the court imposed sentences of two-to-five years. It then suspended...

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