State v. Pettit

BURNETT, Judge.

Raymond Thomas Pettit killed his wife. Upon a plea of guilty to second degree murder, he was sentenced to an indeterminate term, not exceeding twenty years, in custody of the Board of Correction. He later moved, unsuccessfully, to reduce the sentence. The issue raised on appeal is whether the sentence, as imposed, was excessive. We hold that it was not.

Our standard of appellate review is set forth in State v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct.App.1982). A sentence within the statutory maximum will not be deemed excessive unless the appellant shows that under any…