STATE v. SAWYER

Docket No. 33687.

STATE OF IDAHO, Plaintiff-Respondent, v. TODD A. SAWYER, Defendant-Appellant.

Court of Appeals of Idaho.

Filed July 9, 2008.


Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Elizabeth A. Allred, Deputy Appellate Public Defender, Boise, for appellant.

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


PERRY, Judge.

Todd A. Sawyer appeals from his judgment of conviction for felony driving under the influence. Sawyer complains of prosecutorial misconduct and also argues that the district court abused its discretion both in sentencing and by denying Sawyer's I.C.R. 35 motion for reduction of sentence. We affirm.

I.

BACKGROUND

On February 23, 2006, Sawyer entered a store where he counted out change to pay for gas. An employee at the store...

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