State v. Qualls

Franklin Qualls appeals from a judgment of conviction sentencing him to five years in the custody of the Board of Correction, with a minimum period of two years’ confinement. We affirm.

Qualls was charged with two counts of delivery of hydromorphone, a controlled substance, I.C. § 37-2732, and with being a persistent violator, I.C. § 19-2514. Pursuant to plea negotiations, he pled guilty to one count, with the prosecutor agreeing to dismiss both the other count and the persistent violator allegation, and to recommend to the sentencing court that Qualls serve a fixed term of three years’…