[Download] "State Idaho v. Jose Lopez" by Supreme Court of Idaho No. 13804 # Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Jose Lopez
- Author : Supreme Court of Idaho No. 13804
- Release Date : January 18, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Following a three-day jury trial, appellant was found guilty of lewd and lascivious conduct with a child under sixteen years of age, in violation of I.C. § 18-6607.[Footnote 1] The appellant is a Mexican National who at the time of trial and sentencing understood little English. The child involved was appellant's step-daughter who at the time of the incident was nine years old. Following the preparation of a presentence report, a sentencing hearing was held and judgment rendered. The trial court retained jurisdiction for 120 days under I.C. § 19-2601(4). On May 7, 1980, the trial court without conducting a hearing and after reviewing recommendations received from the Idaho State Board of Corrections relinquished its jurisdiction. Two issues are presented: (1) whether the trial court abused its discretion in imposing sentence and (2) whether the appellant was entitled to a hearing in the trial court before that court relinquished its 120 days retained jurisdiction.