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STATE v. ALVAREZ

No. 26666.

69 P.3d 167 (2003)

138 Idaho 747

STATE of Idaho, Plaintiff-Respondent, v. Rojelio ALVAREZ, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied May 16, 2003.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Julie Dawn Reading, Deputy Appellate Public Defender, Boise, for appellant. Julie Dawn Reading argued.

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

PERRY, Judge.

Rojelio Alvarez appeals from his judgment of conviction and sentence for felony domestic battery in the presence of a child and from an order of the district court denying his I.C.R. 35 motion for reduction of sentence. We affirm.

I.

FACTS AND PROCEDURE

Alvarez lived with his girlfriend and her two children. One afternoon, while Alvarez was in the bathroom, Alvarez's girlfriend asked him to give her a pack of cigarettes that...

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