(DOWNLOAD) "State v. Pena-Reyes" by Boise, December 1997 Term. Supreme Court of Idaho * Book PDF Kindle ePub Free
eBook details
- Title: State v. Pena-Reyes
- Author : Boise, December 1997 Term. Supreme Court of Idaho
- Release Date : January 20, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
On November 3, 1995, the State of Idaho (State) filed a complaint charging Pena-Reyes with one count of trafficking in cocaine and one count of trafficking in methamphetamine. Pursuant to a plea agreement with the State, Pena-Reyes entered an unconditional plea of guilty to one count of trafficking in cocaine. Four days prior to the sentencing hearing, Pena-Reyes filed a motion challenging the constitutionality of I.C. § 37-2732B(a)(7), the statute under which he was to be sentenced. I.C. § 37-2732B(a)(7) imposes a mandatory minimum sentence of five years for a guilty plea to trafficking in cocaine, which "shall not be suspended, deferred, or withheld." The district court denied Pena-Reyes motion on the basis that it was untimely, and imposed a five-year sentence.
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