State v. McGiboney

MELANSON, Judge.

Joshua L. MeGiboney appeals from his judgment of conviction and sentences for robbery; aggravated battery, enhanced for use of a firearm; and burglary, enhanced for use of a firearm. MeGiboney argues that the district court erred by applying two enhancements for the use of a firearm during the commission of a felony. MeGiboney also asserts that his sentences are excessive. For the reasons set forth below, we affirm in part, vacate in part, and remand.

I

FACTS AND PROCEDURE

The state charged MeGiboney with robbery, I.C. §§ 18-6501, 18-6502; two counts of aggravated battery, I.C.…