Probation for Domestic Assault

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POCATELLO -- A man accused of choking his girlfriend and biting her nose during a drunken attack was sentenced to five year's probation Monday.

Dustin J. Lundvall, 24, attacked the woman May 3 after a confrontation. He was initially charged with attempted strangulation, but the charge was amended to felony domestic battery pursuant to a plea agreement.

"My actions were unjustifiable -- no excuses," Lundvall told Sixth District Judge David Nye. "Alcohol is definitely not one of my friends."

Nye bucked the agreed recommendation by Lundvall's counsel and the state for probation and a withheld judgment, sentencing the man to a two-year fixed, three-year indeterminate sentence, which he then suspended. Lundvall will be on probation for five years, although he can apply to have his probation lifted after two and one-half years.

"I'm not going to give you a withheld judgment," Nye told Lundvall. "You're going to have to earn that."

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