State v. Fluery

SILAK, Judge.

Jesse Howard Fluery appeals from a jury verdict of guilty on two counts of lewd conduct with a child under the age of sixteen years, I.C. § 18-1508, and from a judgment of conviction imposing concurrent unified sentences of fifteen years, with ten years’ fixed. Fluery argues that the district court abused its discretion by denying his motion for a mistrial. In addition, Fluery argues that the sentences are unduly harsh and excessive. For the reasons stated below, we affirm.

The lewd conduct charges resulted from Fluery’s sexual contacts with two girls, one eight years old and the…