[Download] "State Idaho v. Norman Glenn Rutherford" by Court of Appeals of Idaho No. 15954 # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: State Idaho v. Norman Glenn Rutherford
• Author : Court of Appeals of Idaho No. 15954
• Release Date : January 23, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The appellant, Norman Rutherford, stands convicted of lewd conduct with a minor. He was originally sentenced to an indeterminate life term. On appeal we vacated the sentence due to the prosecutor's failure to comply with terms of a negotiated plea agreement, State v. Rutherford, 107 Idaho 910, 693 P.2d 1112 (1985). On remand, Mr. Rutherford was sentenced to a fixed term of twenty years. The sole issue in this appeal is whether the sentencing Judge imposed an unduly harsh sentence. No contention is made that the sentence is illegal or vindictive. The maximum penalty permitted for the crime of lewd conduct with a minor is a fixed life sentence. A sentence within the statutory maximum will not be disturbed on appeal unless sentencing discretion has been abused. A sentence of confinement is unreasonable, and constitutes an abuse of discretion, if it exceeds the minimum required -- under any reasonable view of the facts -- to accomplish the primary objective of protecting society and any related goal of retribution, deterrence or rehabilitation applicable to the case. State v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct.App.1982). For purposes of appellate review, we will deem the duration of a fixed sentence to be the term of the sentence less the formula reduction available for good conduct under I.C. § 20-101A. State v. Miller, 105 Idaho 838, 673 P.2d 438 (Ct.App.1983). If Rutherford earns a formula reduction in his sentence for good conduct, he could be released after serving approximately thirteen and two-thirds years.

PDF Ebook Download "State Idaho v. Norman Glenn Rutherford" Online ePub Kindle