STATE v. HEMENWAY

No. 16318.

727 P.2d 1267 (1986)

111 Idaho 839

STATE of Idaho, Plaintiff-Respondent, v. Kelly Vern HEMENWAY, Defendant-Appellant.

Court of Appeals of Idaho.

October 30, 1986.


Attorney(s) appearing for the Case

G. LaMarr Kofoed, Fruitland, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., A. René Fitzpatrick, Deputy Atty. Gen., for plaintiff-respondent.


SWANSTROM, Judge.

The appellant, Kelly Hemenway, was convicted of second degree kidnapping and of "aiding and abetting in the commission of aggravated battery" stemming from the kidnap and murder of Mac Atwood. Hemenway received concurrent, indeterminate sentences of twenty-five years for the kidnapping and fifteen years for the battery. The sole issue on appeal is whether, in light of all the mitigating factors, the trial court abused its discretion by giving Hemenway...

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