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STATE v. SARABIA

Nos. 20440, 20576 and 20583.

875 P.2d 227 (1994)

125 Idaho 815

STATE of Idaho, Plaintiff-Respondent, v. Cristobal S. SARABIA, Defendant-Appellant. STATE of Idaho, Plaintiff-Respondent, v. Terry HOADLEY, Defendant-Appellant. STATE of Idaho, Plaintiff-Respondent, v. Martin Barbosa PEREZ, Defendant-Appellant.

Supreme Court of Idaho, Twin Falls, March 1994 Term.

June 3, 1994.

Attorney(s) appearing for the Case

Whittier, McDougall, Souza, Murray & Clark, Chartered, Pocatello, for appellants. Robert C. Naftz, argued.

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

JOHNSON, Justice.

These are drug trafficking cases that have been consolidated on appeal. The primary issue presented is the constitutionality and enforceability of the portion of I.C. § 37-2732B (the drug trafficking statute) that provides minimum fixed terms of imprisonment from which the trial court may deviate only upon motion of the prosecuting attorney. We conclude that these fixed terms are not authorized by art. 5, § 13 of the Idaho Constitution...

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