(Download) "State Idaho v. Ray L. Beebe" by Court of Appeals of Idaho No. 16952 " eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Ray L. Beebe
- Author : Court of Appeals of Idaho No. 16952
- Release Date : January 02, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Following plea negotiations, Ray Beebe entered a plea of guilty to the charge of sexually abusing his four-year-old daughter.
Beebe received the maximum sentence provided by statute, a fixed five-year term. On appeal, Beebe contends that his sentence
is excessive. For reasons explained below, we affirm the judgment imposing the sentence. The Bannock County Prosecutor initially charged Beebe with the offense of rape. Beebe pled not guilty. At the request of
defense counsel, a psychological evaluation was ordered pursuant to I.C. § 18-211. Counsel also moved to suppress
a statement made by Beebe to law enforcement officers at the time of his arrest. After a hearing, the district court held
that the "defendant's statement was voluntary" and denied the motion. Thereafter, Beebe entered a negotiated plea of guilty
to the lesser offense of sexually abusing a child, in violation of I.C. § 18-1506. The plea was made with an understanding
that the state would recommend a five-year sentence but that Beebe would request a "120-day rider" under I.C. §
19-2601(4). A presentence investigation report, including the court-ordered psychological evaluation, was prepared. At the
sentencing hearing, the district Judge reviewed the information presented to him and concluded that Beebe was a risky candidate
for probation because his prospects for rehabilitation appeared poor. The Judge, citing a need to protect society, imposed
a five-year fixed term of incarceration in the custody of the Board of Correction. He declined to retain jurisdiction under
I.C. § 19-2601(4).
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