STATE v. GOMEZ

No. 20211.

857 P.2d 656 (1993)

124 Idaho 177

STATE of Idaho, Plaintiff-Respondent, v. Ernesto Garcia GOMEZ, Defendant-Appellant.

Court of Appeals of Idaho.

August 6, 1993.


Attorney(s) appearing for the Case

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

Larry EchoHawk, Atty. Gen. and Thomas P. Watkins, Deputy Atty. Gen., for respondent.


PERRY, Judge.

Ernesto Garcia Gomez appeals from the district court's order denying his I.C.R. 33(c) motion to withdraw his guilty plea to second degree burglary and in the alternative, appeals from the sentence imposed. The issues are whether the district court abused its discretion in denying the Rule 33(c) motion and whether the sentence imposed is excessive. We affirm.

On April 26, 1992, Gomez, along with a fifteen-year-old boy, broke into the vehicle of...

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