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STATE v. ARMSTRONG

No. 21619.

904 P.2d 578 (1995)

127 Idaho 666

STATE of Idaho, Plaintiff-Respondent, v. Ben G. ARMSTRONG, Defendant-Appellant.

Court of Appeals of Idaho.

October 26, 1995.

Attorney(s) appearing for the Case

Edgar R. Frachiseur, Elmore County Public Defender, Mountain Home, for appellant.

Alan G. Lance, Attorney General; Michael A. Henderson, Deputy Attorney General, Boise, for respondent. Michael A. Henderson argued.

PERRY, Judge.

This is an appeal from the denial of Ben Armstrong's I.C.R. 35 motion seeking relief from his sentences for possession of more than three ounces of marijuana, I.C. § 37-2732(e), and possession of a controlled substance without a drug tax stamp, I.C. § 63-4201. Armstrong claims that his sentence and the penalties for the drug tax stamp offense violate double jeopardy protections against multiple punishment for the same offense and, thus, should...

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