(DOWNLOAD) "State Idaho v. Kevin Amerson" by Court of Appeals of Idaho No. 16758 * Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Kevin Amerson
- Author : Court of Appeals of Idaho No. 16758
- Release Date : January 01, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This case provides an occasion to review a fixed sentence in light of recent legislation altering the good time system for Idaho prisoners. The case comes to us on appeal by Kevin Amerson from judgments of conviction for grand theft and second degree burglary. Amerson received a fixed five-year sentence for the theft and a consecutive indeterminate sentence of five years for the burglary. On appeal, he contends that the sentences were excessive. For reasons explained below, we affirm. For several years, our standards of sentence review have been well settled. The substantive criteria -- protection of society, deterrence, retribution and rehabilitation -- are explained in State v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct.App.1982). Toohill also articulates the familiar one-third rule for determining the presumptive length of confinement imposed by an indeterminate sentence. In State v. Miller, 105 Idaho 838, 673 P.2d 438 (Ct.App.1983), we supplemented Toohill by declaring that the length of confinement under a fixed sentence would be treated, for the purpose of appellate review, as the term of the sentence less the formula reduction available as a matter of right for good conduct under I.C. § 20-101A. Id. at 840, 673 P.2d at 440.