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STATE v. CALLEY

No. 30603.

99 P.3d 616 (2004)

140 Idaho 663

STATE of Idaho, Plaintiff-Respondent, v. Tyler Scott CALLEY, Defendant-Appellant.

Supreme Court of Idaho, Boise, September 2004 Term.

September 30, 2004.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Eric D. Fredericksen argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

EISMANN, Justice.

This appeal challenges the authority of a district judge to impose a sentence of incarceration to be served separately from a sentence of incarceration that had been pronounced, but suspended, in another case. The appellant also alleges that the sentence constituted an abuse of the district judge's discretion. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

On December 15, 1998, the defendant-appellant...

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