STATE v. McGIBONEY

No. 35937.

274 P.3d 1284 (2012)

STATE of Idaho, Plaintiff-Respondent, v. Joshua Lee McGIBONEY, Defendant-Appellant.

Court of Appeals of Idaho.

April 18, 2012.


Attorney(s) appearing for the Case

Dennis Benjamin of Nevin, Benjamin, McKay & Bartlett LLP, Boise, for appellant.

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


MELANSON, Judge.

Joshua L. McGiboney appeals from his judgment of conviction and sentences for robbery; aggravated battery, enhanced for use of a firearm; and burglary, enhanced for use of a firearm. McGiboney argues that the district court erred by applying two enhancements for the use of a firearm during the commission of a felony. McGiboney also asserts that his sentences are excessive. For the reasons set forth below, we affirm in part, vacate in part, and remand...

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