STATE v. MOSQUEDA

No. 20012.

853 P.2d 603 (1993)

123 Idaho 858

STATE of Idaho, Plaintiff-Respondent, v. Jose G. MOSQUEDA, Defendant-Appellant.

Court of Appeals of Idaho.

May 25, 1993.


Attorney(s) appearing for the Case

Severt Swenson, Jr., of Swenson & Scoggin, Gooding, for defendant-appellant.

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


SWANSTROM, Judge.

Jose Mosqueda was denied relief on his I.C.R. 35 motion for reconsideration, and he appeals. He contends that it was an abuse of the court's discretion to deny his request for leniency in view of information that Mosqueda was a model prisoner, who was successfully rehabilitating himself during his incarceration. We affirm.

On April 23, 1991, the district court sentenced Mosqueda to (1) a unified term of five years, with two years fixed, for...

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