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STATE v. MARTIN

No. 30468.

122 P.3d 317 (2005)

142 Idaho 58

STATE of Idaho, Plaintiff-Respondent, v. Kelly Lamar MARTIN, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied October 3, 2005.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant. Jason C. Pintler argued.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Lori A. Fleming argued.

LANSING, Judge.

Kelly Lamar Martin appeals his sentence for felony eluding a police officer. Martin contends that the trial court's determination, for sentencing purposes, that he was under the influence of drugs at the time of the offense was in error because that circumstance was not proven by a preponderance of the evidence. Martin also contends that the court abused its discretion by imposing an excessive sentence.

I.

FACTUAL AND PROCEDURAL...

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