State v. Gomez

PERRY, Judge.

Ernesto Garcia Gomez appeals from the district court’s order denying his I.C.R. 33(c) motion to withdraw his guilty plea to second degree burglary and in the alternative, appeals from the sentence imposed. The issues are whether the district court abused its discretion in denying the Rule 33(c) motion and whether the sentence imposed is excessive. We affirm.

On April 26, 1992, Gomez, along with a fifteen-year-old boy, broke into the vehicle of Bernice Quigley. They drove the vehicle approximately nine miles away before abandoning it. Gomez also took Mrs. Quig-ley’s purse. As a…