specially concurring.
It does not appear from the record that the district court, in imposing sentence, followed the legislative guidelines for determining whether to impose a sentence of imprisonment rather than probation, in that it does not appear that the district court considered whether any of the mitigating factors listed in I.C. § 19-2521(2) were present in this case. See State v. Burroughs, 107 Idaho 195, 196, 687 P.2d 585, 586 (Ct.App.1984) (while the district court need not recite each of the criteria of I.C. 19 § 19-2521 for the benefit of the defendant, it did consider many, if not all, of the criteria of the statute). I specially concur in the result reached by the majority, however, because I do not find that the sentence imposed is excessive under the criteria of State v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct.App.1982).