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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 34741 STATE OF IDAHO, Plaintiff-Respondent, v. THOMAS H. THOMAS, Defendant-Appellant. ) ) ) ) ) ) ) ) ) )

Boise, June 2008 Term 2008 Opinion No. 94 Filed: July 1, 2008 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Third Judicial District of the State of Idaho, in and for Canyon County. The Hon. Renae J. Hoff, District Judge. The order of the district court is affirmed. Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Heather M. Carlson argued. Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Jorgensen argued. Kenneth K.

EISMANN, Chief Justice. This is an appeal from orders revoking probation and denying a reduction of sentence. Because the appeal from the order revoking probation was not timely, we do not address that issue. We affirm the order denying the sentence reduction.

I. FACTS AND PROCEDURAL HISTORY Thomas H. Thomas was charged with unlawful possession of a firearm in violation of Idaho Code

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