Idaho Lawmakers To Revisit Minimum Mandatory Sentencing
Laws ch. For present rule see I. Brandt's situation is unique as there was an intervening act between his conviction and sentencing. As noted, the purpose of Idaho's persistent violator statute is to enhance punishment for repeat offenders. A similar purpose underlies a judge's decision whether to impose the harsher penalty of consecutive sentences under I. We find the reasoning in Chauncey to be equally applicable here.
By pleading guilty the defendant is admitting to the truthfulness of the charges against him. He is, in fact, creating his own track record. In light of the purposes of the persistent violator statute, we think that point is identified by our holding in this case. Brandt next asserts that he was denied effective assistance of counsel because his attorney did not challenge the use of the three prior felonies to establish his status as a persistent violator. Our holding on Brandt's first issue removes any need to address this assertion. If it was permissible to use the three convictions, it can hardly be argued that there was error in not challenging that use.
Finally, Brandt contends his sentences were harsh and excessive, amounting to an abuse of discretion. He argues against the imposition of consecutive sentences, and also urges that being labeled a "persistent violator" at sentencing was unduly prejudicial to him.
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We have concluded that Brandt did fall within the bounds of the persistent violator statute. Therefore, rather than any error, the sentencing judge had a truthful picture of Brandt at sentencing and no error was involved. As to the imposition of consecutive sentences, we first note that consecutive versus concurrent sentencing is discretionary with the trial judge. Dunnagan , Idaho , P. A sentence within the statutory maximum will not be disturbed on appeal, absent an affirmative showing of an abuse of discretion.
Toohill , Idaho , P. As noted, Brandt received the following indeterminate sentences: twenty years for escape, two years for injury to jail property, ninety days for assault and ten years for robbery. Although the sentences for escape, jail injury and assault were ordered to be served concurrently, the robbery sentence was imposed as a consecutive sentence. Furthermore, the court ordered that all of these sentences be served consecutively to the three felony convictions cases no.
All the sentences imposed on Brandt were within the statutory maximums for those crimes. We note that the trial court imposed Brandt's sentence for escape in two segments — five years for the escape itself and an enhancement of fifteen years for being a persistent violator. However, the judge then combined the two segments to arrive at an aggregate twenty-year period imposed as a sentence for the escape.
Because the court ultimately imposed a single sentence for the escape, there is no reversible error under the case law. State , Idaho , P. Pierce , Idaho 96 , P. However, the better practice under I. Mendenhall , Idaho , P. Therefore, the sentencing judge was required by statute to impose a consecutive sentence for the escape. As to the remainder of the sentences, we note that only the robbery sentence was imposed consecutively. The nature of the present charges against Brandt have been previously indicated.
His presentence report indicates a long history of trouble with the law, primarily involving theft crimes. He has apparently escaped from detention four times in the past.
- State v. Brandt, Idaho | Casetext.
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The report indicated that Brandt is a habitual criminal who has abused past parole opportunities. The report concludes that "if any rehabilitation is to occur, it will have to take place in only highly structured conditions over a substantial period of time. Having reviewed the sentences under the standards described in Toohill , we find no abuse of sentencing discretion.http://police-risk-management.com/order/text/tyliw-copiare-rubrica-da.php
The judgments of conviction and sentences are affirmed. Back to Results. Download Print Get alerts. Brandt Idaho Idaho Ct. Browse cases.
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For those who have never been in a similar situation, it can be especially difficult to know what to do next.
Our experienced criminal defense attorneys explain what you need to do to promote the highest likelihood of a successful defense. Idaho recognizes certain differences between felony and misdemeanor charges: Felonies: A felony is a crime that is punishable by death or imprisonment in a state prison. Depending on the charge, penalties range from a minimum of one year in the state prison to a life sentence. Misdemeanors: Crimes that are not felonies or mere infractions are considered misdemeanors under Idaho law.
Misdemeanors in Idaho may be punishable by imprisonment in a county jail for a period of not more than one year. Penalties for a felony conviction can include: Loss of future employment potential Loss of your voting rights Loss of ability to carry a gun or other weapon Loss of ability to serve on a jury. More Testimonials. A statute of limitations is a time period during which a prosecutor must file criminal charges or no charges can ever be brought. Certain very serious crimes, such as murder and sex crimes against children, have no statutes of limitations.
For more information, see Idaho Criminal Statute of Limitations. If you are charged with a crime, you should contact a local criminal defense attorney as soon as possible. A felony conviction can result in severe and lasting consequences. In addition to time in prison and a fine, a felony conviction can make it difficult to find a job or obtain certain government benefits.
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