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STATE v. BROADWAY

No. 27488.

59 P.3d 322 (2002)

138 Idaho 151

STATE of Idaho, Plaintiff-Respondent, v. Dwayne BROADWAY, Defendant-Appellant.

Court of Appeals of Idaho.

November 6, 2002.

Attorney(s) appearing for the Case

D. Scott Summer, Meridian, for appellant.

Hon. Alan G. Lance, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

PERRY, Chief Judge.

Dwayne Broadway appeals from an order of the district court instructing the Department of Correction to conduct a prison disciplinary action against Broadway. We reverse the district court's order.

Broadway was found guilty by a jury of aggravated assault, I.C. § 18-905, and sentenced to a unified term of five years, with a minimum period of confinement of three years. Broadway filed an I.C.R. 35 motion for reduction of sentence, which...

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