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Idaho Court of Appeals Court Cases
State v. Toohill (1982)This is an appeal from a sentence imposed for second degree burglary. We are asked to review (1) the adequacy of the presentence report, (2) the district court's refusal to retain jurisdiction for 120 days, and (3) the reasonableness of a five-year, indeterminate term. Issues of this type frequently arise in criminal cases assigned to the Court of Appeals. In this opinion, we state our general views on standards of appellate review of such issues; and we affirm the particular sentence imposed [...]
Court: Idaho Court of Appeals Docket: 13900
State v. Lopez (1984)
These consolidated cases present issues of sentence review. Having pled guilty, Charles Lopez was convicted of first degree kidnapping, first degree burglary and two counts of robbery. He received concurrent sentences, each for an indeterminate period not exceeding fifteen years. Lopez subsequently moved to reduce the sentences under I.C.R. 35. The district court denied the motion, and Lopez appealed.
Court: Idaho Court of Appeals Docket: 14695, 14696 and 14698
State v. Hernandez (1991)Wenceslao Hernandez was charged with three counts of delivery of cocaine, I.C. § 37-2732(a)(1)(A). Pursuant to I.C.R. 11, he pled guilty to two counts and the state dismissed the third. Based upon this plea, the district court sentenced Hernandez on each count to ten years in the custody of the Idaho State Board of Correction, including mandatory terms of three years' incarceration, and imposed a $1,000 fine. The court ordered that the sentences be served concurrently. The judgment of [...]
Court: Idaho Court of Appeals Docket: 19098
State v. Allbee (1989)Following Franklin Allbee's arrest, the prosecutor filed an information charging the DUI as a felony because Allbee had received two other DUI convictions within the preceding five-year period. I.C. § 18-8005(3). Upon his plea of guilty, a judgment of conviction was entered. Although the prosecutor and the presentence investigator recommended a jail sentence followed by probation, Allbee was sentenced to the state Board of Correction for a period of three years. During the eighteen months [...]
Court: Idaho Court of Appeals Docket: 17562
State v. Forde (1987)James Forde pled guilty to two counts of issuing checks without sufficient funds. He received two indeterminate three-year sentences, to be served consecutively. Forde filed a notice of appeal from the judgment of conviction. He also filed a motion in the district court under I.C.R. 35 seeking reduction of the sentences. The appeal from the judgment was temporarily stayed, pending determination of his Rule 35 motion. That motion subsequently was denied. His appeal thus questions whether the [...]
Court: Idaho Court of Appeals Docket: 16316
State v. Reinke (1982)A juvenile petition alleged that sixteen-year-old Leonard Reinke attempted to commit a robbery on August 10, 1981, in violation of I.C. §§ 18-306, 18-6501. Due to Reinke's prior juvenile record, the magistrate found that Reinke was not amenable to further treatment in the juvenile system. The magistrate waived exclusive jurisdiction under the Youth Rehabilitation Act, and Reinke was charged as an adult. After he pled guilty to the attempted robbery charge, he was sentenced by the district [...]
Court: Idaho Court of Appeals Docket: 14352
State v. Hanington (2009)William Blaine Hanington pled guilty to enticing children over the internet, a felony, Idaho Code § 18-1509A. The district court withheld judgment and placed Hanington on probation for eight years. Hanington admitted to violating his probation and the district court revoked his probation and imposed a unified sentence of fifteen years with seven years determinate. However, the district court retained jurisdiction. Following the period of retained jurisdiction, the district court again placed [...]
Court: Idaho Court of Appeals Docket: 35596, 35608
State v. Beckett (1992)
David Wayne Beckett appeals from the orders revoking his probation and reinstating the balance of the sentence imposed on his conviction for lewd conduct with a minor under sixteen. I.C. § 18-1508. The sole issue raised on appeal is whether the court abused its discretion in revoking probation, which is the only setting where Beckett claims he can obtain the professional help he needs to address his pedophilia. For the reasons expressed below, we affirm.
Court: Idaho Court of Appeals Docket: 19585
State v. Marks (1989)Margaret Marks appeals from an order of the district court for Ada County revoking her probation and ordering into execution an indeterminate five-year sentence for grand theft. The court also ordered that Marks receive credit for 141 days of incarceration before and after the original judgment. On appeal, Marks argues that the district court abused its discretion by failing to address the proper goals in imposing a sentence following revocation of probation and by not adequately considering [...]
Court: Idaho Court of Appeals Docket: 18034
State v. Adams (1989)
James Albert Adams appeals from a district court order revoking his probation and directing execution of a previously suspended prison sentence. Two issues are presented: (1) whether Adams' conduct warranted the revocation of his probation; and (2) whether, upon revoking Adams' probation, the judge should have reduced the sentence rather than ordering it fully into execution. We affirm the district court's order.
Court: Idaho Court of Appeals Docket: 17444
State v. Upton (1995)George Upton appeals from the district court's order revoking probation and imposing previously suspended sentences for two counts of grand theft. He argues that one of the four probation violations found by the district court was not supported by the evidence and that the probation revocation order therefore must be vacated. We conclude that, even absent the challenged violation, the district court would have revoked probation based upon three other undisputed violations and, accordingly, we [...]
Court: Idaho Court of Appeals Docket: 21237
State v. Hass (1988)Gregory Hass appeals from an order revoking his probation after the district court determined that Hass was in violation of its terms by possessing controlled substances. The court ordered Hass to serve two indeterminate seven-year concurrent sentences he had received after being convicted for two counts of first-degree burglary. On appeal, Hass contends that the report of probation violation failed to comply with a due process requirement of notice to Hass of the facts allegedly constituting [...]
Court: Idaho Court of Appeals Docket: 16845
Roman v. State (1994)
This is an appeal from the district court's summary dismissal of an application for post-conviction relief. We are asked to determine whether the allegations contained in the application were sufficient to entitle the applicant to an evidentiary hearing. For the reasons given below, we affirm.
Court: Idaho Court of Appeals Docket: 20295
State v. Atkinson (1996)
Stanton E. Atkinson pleaded guilty to misdemeanor driving under the influence of alcohol, (DUI), I.C. § 18-8004. His plea was conditional, reserving the right to appeal from the magistrate's prior denial of Atkinson's motion to suppress evidence. The district court affirmed the magistrate's decision on the suppression motion. We, like the district court, conclude that the magistrate's decision was correct.
Court: Idaho Court of Appeals Docket: 21719
State v. Lee (1990)In 1987, Samuel Lee pled guilty to theft by possession of stolen property. He received a unified sentence of five years with a minimum two-year period of incarceration. The sentence was suspended and Lee was released on probation. Later, in 1988, Lee's probation was revoked and his sentence was ordered into execution. However, the district court retained jurisdiction for 120 days pursuant to I.C. § 19-2601(4). At the expiration of that period, the court entered an order on November 21, 1988, [...]
Court: Idaho Court of Appeals Docket: 17913
State v. Burdett (2000)
Jason Burdett appeals from a judgment of conviction and fixed life sentence imposed pursuant to his plea of guilty to second degree murder. I.C. § 18-4003(g). Burdett also appeals from the denial of his I.C.R. 35 motion. For the reasons set forth below, we affirm.
Court: Idaho Court of Appeals Docket: 25330
State v. Schevers (1999)
In this appeal, we are asked to vacate James Allen Schevers' judgment of conviction for robbery because, it is asserted, the district court should have suppressed testimony regarding a witness's identification of Schevers as the robber. We affirm.
Court: Idaho Court of Appeals Docket: 24164
Goodwin v. State (2002)
Goodwin pled guilty to burglary. I.C. §§ 18-1401, -1403. The district court sentenced Goodwin to a unified term of ten years, with a minimum period of confinement of five years. No appeal was taken from Goodwin's judgment of conviction or sentence. Goodwin subsequently filed an I.C.R. 35 motion requesting the district court to reconsider the sentence imposed, which was denied. Goodwin did not appeal from the denial of his Rule 35 motion.
Court: Idaho Court of Appeals Docket: 26017, 27821
Murray v. State (1992)This is an appeal from an order denying relief in a post-conviction proceeding brought under I.C. § 19-4901. The petitioner, Leon Murray, challenged the two, ten-year indeterminate and concurrent sentences he had received for aggravated assault on police officers, claiming coercion in accepting a plea bargain and asserting that he had been denied effective assistance of counsel because his court-appointed attorney had failed to request concurrent sentences of five years determinate. He also [...]
Court: Idaho Court of Appeals Docket: 19371
Hassett v. State (1995)Steven Hassett was found guilty by a jury of felony injury to a child, I.C. § 18-1501(1), based on evidence that he had physically injured his month-old son. He was also found to be a persistent violator pursuant to I.C. § 19-2514. Following receipt and review of a presentence investigation report, the district court imposed a unified twenty-year sentence, with a ten-year minimum period of confinement. The court ordered the sentence to run consecutively with another sentence Hassett was [...]
Court: Idaho Court of Appeals Docket: 21486