(DOWNLOAD) "State Idaho v. Lawrence L. Nellsch" by Court of Appeals of Idaho No. 16034 # Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Lawrence L. Nellsch
- Author : Court of Appeals of Idaho No. 16034
- Release Date : January 31, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Lawrence Nellsch pled guilty and was convicted for first degree kidnapping, two robberies, possession of cocaine, and an infamous crime against nature. Nellsch received the following indeterminate sentences: twenty-five years for the kidnapping; concurrent fifteen-year terms for the robberies, to be served consecutive to the kidnapping sentence; a five-year term for the infamous crime, to be served concurrent with the robbery sentences; and a three-year term for possession of cocaine, to be served consecutive to the robbery sentences. On appeal, Nellsch asserts that the sentences were excessive and represent an abuse of discretion by the district court. We hold that Nellsch received an illegal sentence on the kidnapping conviction. We therefore vacate Nellsch's sentence for that crime and remand for further proceedings. Neither party has raised the issue of the illegal sentence for kidnapping, on this appeal. However, where we are asked on appeal to review a sentence imposed in a criminal case, and it appears that an illegal sentence has been imposed, we will sua sponte address the problem even though the legality of the sentence has not been made an issue on appeal. State v. Merrifield, 109 Idaho 11, 17, 704 P.2d 343, 349 (Ct.App.1985). If the illegality can be remedied by modification on appeal, we will do so. See, e.g., State v. Evans, 107 Idaho 429, 690 P.2d 364 (Ct.App.1984); State v. Pierce, 107 Idaho 96, 685 P.2d 837 (Ct.App.1984). However, if the illegality cannot be remedied by modification of the sentence on appeal we have no choice but to vacate that sentence and remand the case for further proceedings. State v. Merrifield, supra. With those standards in mind, we will examine why Nellsch's sentence for kidnapping was illegal and why the sentence cannot be modified on appeal.