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STATE v. TRACY

Docket No. 34578.

2008 Unpublished Opinion No. 540

STATE OF IDAHO, Plaintiff-Respondent, v. ERIC LYNN TRACY, THIS IS AN UNPUBLISHED OPINION AND SHALL NOT Defendant-Appellant. BE CITED AS AUTHORITY

Court of Appeals of Idaho.

Filed July 9, 2008.

Attorney(s) appearing for the Case

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

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

PER CURIAM.

Eric Lynn Tracy was convicted of sexual battery of a minor child sixteen or seventeen years of age, Idaho Code § 18-1508A. The district court imposed a unified sentence of fifteen years, with a minimum period of confinement of five years. Tracy appeals, contending that the sentence is excessive and that the district court abused its discretion in failing to place him on probation.

Sentencing is a matter for the trial court's discretion. Both...

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