State v. Nice

DONALDSON, Justice.

The defendant, William Nice, was charged with lewd and lascivious conduct with a minor under the age of sixteen years in violation of I.C. § 18-6607. The defendant pleaded guilty and was sentenced on April 28, 1980, to the Idaho State Penitentiary for an indeterminate term not to exceed ten years. The only issue raised by the defendant on appeal is whether this sentence was excessive.

A sentence fixed within the limits prescribed by the statute will ordinarily not be considered an abuse of discretion by the trial court. State v. Dunn, 91 Idaho 870, 434 P.2d 88 (1967). In…