(Download) "State Idaho v. Thomas Cardenas" by Court of Appeals of Idaho No. 18493 # Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Thomas Cardenas
- Author : Court of Appeals of Idaho No. 18493
- Release Date : January 07, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Thomas Cardenas, also known as Octaviano Garcia Cardenas, appeals from his judgment of conviction for possession of cocaine.
Cardenas pled guilty and was given a three-year unified sentence, requiring a one-year minimum period of incarceration. In
this appeal, we are asked to determine whether Cardenas' sentence is excessive. We affirm. Possession of cocaine is a felony which carries a maximum penalty of three years in prison and/or a $5,000 fine. I.C. §
37-2732(c)(1). When a sentence is within the legal limits, it will not be disturbed on appeal absent an abuse of discretion.
A Judge will not be deemed to have abused his discretion unless the sentence is shown to be unreasonable upon the facts of
the case. State v. Nice, 103 Idaho 89, 645 P.2d 323 (1982).