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STATE v. HELMS

No. 30460.

137 P.3d 466 (2006)

143 Idaho 79

STATE of Idaho, Plaintiff-Respondent, v. Thomas Wendell HELMS, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied April 28, 2006.

Attorney(s) appearing for the Case

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

Hon. Lawrence G. Wasden, Attorney General; Carol L. Chaffee, Deputy Attorney General, Boise, for respondent.

LANSING, Judge.

The district court imposed on Thomas Wendell Helms a fixed life sentence, which included a persistent violator sentence enhancement, for battering a correctional officer by throwing toilet water on the officer. Helms appeals, contending that the sentence is excessive. We conclude that this severe sentence is so disproportionate to the offense for which it was imposed that the sentence must be reduced.

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