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State v. Jose Antonio Lara
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*1 Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Jose Antonio Lara pleaded guilty to second degree murder, Idaho Code §§ 18-4001 and 18-4003(g). Pursuant to the agreement and in exchange for Lara’s guilty plea, the State, among other things, limited its sentencing recommendation to a unified life sentence, with eighteen years determinate. Lara waived his right to appeal his sentence unless the district court exceeded the determinate portion of the State’s recommendation. The district court imposed a unified life sentence, with eighteen years determinate. Lara appeals, contending that his sentence is excessive.

We hold that Lara’s appellate challenge to the excessiveness of his sentence has been waived by his plea agreement. See I.C.R. 11(f)(1); State v. Cope , 142 Idaho 492, 495-99, 129

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P.3d 1241, 1245-49 (2006); State v. Rodriguez , 142 Idaho 786, 787, 133 P.3d 1251, 1252 (Ct. App. 2006). Lara’s plea agreement contained a clause by which Lara waived his right to appeal his sentence. Accordingly, we dismiss Lara’s appeal.

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Case Details

Case Name: State v. Jose Antonio Lara
Court Name: Idaho Court of Appeals
Date Published: Nov 21, 2017
Court Abbreviation: Idaho Ct. App.
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