State v. Fertig

PERRY, Judge.

In this case we are asked to determine whether the district court abused its discretion by failing to follow the recommendations of the prosecution pursuant to a plea agreement. We are also asked to review a sentence imposed for lewd and lascivious conduct with a minor and the denial of an I.C.R. 35 motion for reduction of that sentence. For the reasons stated below, we affirm the actions of the district court.

I

FACTS AND PROCEDURE

In May of 1993, Michael Fertig was charged with lewd and lascivious conduct with a minor under the age of sixteen, in violation of I.C. § 18-1508.…