JOHNSON, Justice.
This is a criminal case. We conclude that the defendant was not entitled to disqualify the district judge pursuant to I.C.R. 25(b)(3) based on the fact that the judge had been the prosecuting attorney in one of the cases that provided the basis for a persistent violator charge. We also conclude that the trial court did not abuse its discretion in sentencing the defendant to a sentence that included a fixed imprisonment term of five years.
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