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STATE v. ADAIR

No. 33270.

181 P.3d 440 (2008)

STATE of Idaho, Plaintiff-Respondent, v. Carl ADAIR, II, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2007 Term.

Rehearing Denied April 14, 2008.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, for appellant. Justin Curtis argued.

Hon. Lawrence G. Wasden, State Attorney General, for respondent. Ken Jorgensen argued.

W. JONES, Justice.

Defendant-Appellant Carl Adair II (Adair) appeals the district court's denial of his Rule 35 motion for reduction of sentence. Adair was sentenced to seven years, with three years fixed, for sexual battery of a minor child sixteen or seventeen years old. He contends that the sentence is excessive and that the district court abused its discretion by denying his Rule 35 motion. Adair appeals to this Court.

FACTS AND PROCEDURAL BACKGROUND...

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