(DOWNLOAD) "State Idaho v. Johnathon Kohoutek" by Supreme Court of Idaho No. 13209 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Johnathon Kohoutek
- Author : Supreme Court of Idaho No. 13209
- Release Date : January 04, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Three weeks after a jury trial whereat defendant-appellant John Kohoutek was convicted of armed robbery he was sentenced to an indeterminate term of imprisonment not to exceed thirty years. Kohoutek then agreed to cooperate with the prosecution by testifying against his co-defendant, Douglas Evenson, in exchange for the prosecuting attorney's promise to recommend that his sentence be reduced to ten years. Subsequently, Evenson pled guilty and was sentenced to ten years. Kohoutek and Evenson had identical criminal records having been co-defendants on their one previous felony conviction for receiving stolen property. On Kohoutek's Motion for Reduction of Sentence pursuant to I.C.R. 35, the same trial Judge that sentenced Evenson reduced Kohoutek's sentence from thirty to eighteen years. In pronouncing the reduced sentence, the trial court cited several considerations including the defendant's attempt to suborn perjury, threatening people in order to obtain perjured support for his alibi, and his having criminal charges for issuing checks without sufficient funds dropped in consideration of his likely incarceration for this robbery conviction. Kohoutek raises the issue on appeal whether the trial court abused its discretion in sentencing the defendant.