State v. Herrera

SCHWARTZMAN, Judge.

A jury found Robert Lee Herrera guilty of one count of delivery of methamphetamine and one count of delivery of amphetamine, I.C. § 37-2732. For each count the court imposed a unified twenty-five year term, ten years fixed, with the sentences to run concurrently. Herrera appeals, contending that the sentences are excessively harsh and constitute an abuse of discretion.

Where a sentence is within the statutory limits, the appellant bears the burden of demonstrating that it is a clear abuse of discretion. State v. Hedger, 115 Idaho 598, 604, 768 P.2d 1331, 1337 (1989). A…