STATE v. BROOKS

No. 23848.

961 P.2d 1211 (1998)

131 Idaho 608

STATE of Idaho, Plaintiff-Respondent, v. James BROOKS, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied June 25, 1998.


Attorney(s) appearing for the Case

Van G. Bishop, Nampa, for appellant.

Alan G. Lance, Attorney General; Kimberly A. Coster, Deputy Attorney General, Boise, for respondent.


SCHWARTZMAN, Judge.

James Edward Brooks appeals from the judgment of conviction entered following his plea of guilty to trafficking in more than one but less than five pounds of marijuana. Idaho Code § 37-2732B(a)(1)(A). The sole issue Brooks raises on appeal is whether the district court was correct in its belief that it could not commute Brooks' sentence to county jail time, but rather was bound by law to impose penitentiary incarceration. We affirm.

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