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STATE v. THOMAS

No. 23905.

983 P.2d 245 (1999)

133 Idaho 172

STATE of Idaho, Plaintiff-Respondent, v. Kerry Stephen THOMAS, Defendant-Appellant.

Court of Appeals of Idaho.

July 26, 1999.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender, Edward B. Odessey, Deputy Public Defender, Boise, for appellant.

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

SCHWARTZMAN, J.

A jury found Kerry Stephen Thomas guilty of transferring body fluid which may contain the HIV virus, a felony, in violation of I.C. § 39-608. The court sentenced Thomas to serve a unified fifteen-year sentence, with seven years fixed. On appeal, Thomas argues that the evidence presented at trial was insufficient to support the jury's verdict and that the court abused its discretion in imposing an excessive sentence. For the reasons stated below...

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