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STATE v. KINGSLEY

No. 12753.

590 P.2d 1014 (1979)

99 Idaho 868

STATE of Idaho, Plaintiff-Respondent, v. Stephen Jon KINGSLEY, Defendant-Appellant.

Supreme Court of Idaho.

February 21, 1979.

Attorney(s) appearing for the Case

Klaus Wiebe, Public Defender, Boise, for defendant-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff-respondent.

BEEBE, Justice Pro Tem.

On May 19, 1976, upon appellant's plea of guilty to first degree burglary, District Judge W.E. Smith imposed a sentence of an indeterminate period of not to exceed five years to the custody of the State Board of Correction, retaining jurisdiction of the court for one hundred and twenty days. Appellant was incarcerated and evaluated at the penitentiary during the retained jurisdiction. The court, in September, 1976, exercised its retained jurisdiction...

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