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STATE v. GARCIA-PINEDA

No. 39782.

299 P.3d 794 (2013)

STATE of Idaho, Plaintiff-Respondent, v. Martin GARCIA-PINEDA, Defendant-Appellant.

Court of Appeals of Idaho.

April 9, 2013.

Attorney(s) appearing for the Case

Brown & James; Joseph F. James , Gooding, for appellant.

Hon. Lawrence G. Wasden , Attorney General; Jessica M. Lorello , Deputy Attorney General, Boise, for respondent.

GRATTON, Judge.

Martin Garcia-Pineda appeals from the district court's order reversing the magistrate court's denial of the State's motion to correct an illegal sentence.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In May 2011, Garcia-Pineda pled guilty to the misdemeanor charge of possession of a controlled substance, Idaho Code § 37-2732(c)(3). The magistrate court imposed a ninety-day jail sentence, with eighty-seven days suspended, and...

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