No. 22345.

933 P.2d 106 (1997)

129 Idaho 817

STATE of Idaho, Plaintiff-Respondent, v. Ramiro Villareal ZAMORA, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 1997 Term.

February 25, 1997.

Attorney(s) appearing for the Case

Van G. Bishop, Canyon County Public Defender; Shari L. Dodge (argued), Deputy Public Defender, Nampa, for defendant-appellant.

Alan G. Lance, Attorney General; L. LaMont Anderson, Deputy Attorney General (argued), Boise, for plaintiff-respondent.

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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