STATE v. NIENBURG

No. 38656.

283 P.3d 808 (2012)

STATE of Idaho, Plaintiff-Respondent, v. Raymond Stuart NIENBURG, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied August 15, 2012.


Attorney(s) appearing for the Case

Sara B. Thomas , State Appellate Public Defender; Brian R. Dickson , Deputy Appellate Public Defender, Boise, for appellant. Brian R. Dickson argued.

Hon. Lawrence G. Wasden , Attorney General; Russell J. Spencer , Deputy Attorney General, Boise, for respondent. Russell J. Spencer argued.


LANSING, Judge.

Raymond Stuart Nienburg appeals from the judgment of conviction entered upon his plea of guilty to felony driving under the influence and to being a persistent violator of the law. He contends that the district court erred in its award of restitution and that an excessive sentence was imposed. We reverse in part and affirm in part.

I.

BACKGROUND

Although the facts giving rise to these charges are not well developed in the...

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