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STATE v. SMITH

No. 31830.

169 P.3d 275 (2007)

STATE of Idaho, Plaintiff-Respondent, v. Katherine SMITH, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied October 19, 2007.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Diane M. Walker, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Thomas Tharp, Deputy Attorney General, Boise, for respondent.

PERRY, Chief Judge.

Katherine Smith appeals from her judgment of conviction for three counts of grand theft. Specifically, Smith asserts her sentences are excessive under the facts. Smith also appeals from the district court's order denying her I.C.R. 35 motion and from the district court's order of restitution. For the reasons set forth below, we affirm in part, reverse in part, and remand for further proceedings.

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