State v. Salinas

BURNETT, Judge.

Upon a plea of guilty, Gilbert Gonzales was convicted of delivering heroin, a controlled substance, under I.C. § 37-2732. At the time of sentencing, the district court was informed that Gonzales recently had been convicted of a similar offense in another county and sentenced to the custody of the Board of Correction for an indeterminate period not exceeding eight years. The district court imposed an identical sentence in the instant case.

On appeal Gonzales argues that the district court abdicated the proper exercise of its discretion by replicating the sentence imposed in the…