State v. Rice

pro tem.

On November 23, 1976 the appellant, Douglas Houston Rice, was convicted by a jury of resisting an officer in violation o'f Idaho Code § 18-2703. The maximum punishment for that offense is five years in the State Penitentiary and/or a $5,000 fine. A presentence report was prepared, and a sentencing hearing conducted on December 13, 1976. After hearing arguments of counsel and the appellant’s statement, the trial court sentenced the appellant to an indeterminate period in the Idaho State Penitentiary not to exceed three years. Appellant duly perfected this appeal urging that his…