[Download] "State Idaho v. Larry Gene Potter" by Court of Appeals of Idaho No. 15656 " eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Larry Gene Potter
- Author : Court of Appeals of Idaho No. 15656
- Release Date : January 11, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
A jury found Larry Gene Potter guilty of two counts of robbery and two counts of the use of a firearm in the commission of a felony. Potter was sentenced to two concurrent, indeterminate life terms for the robberies. No additional sentence was imposed by the trial Judge for the use of a firearm. On appeal, Potter contends that the trial court erred: (1) when it failed to hold a competency hearing prior to trial; (2) in failing to recognize Potter was incompetent prior to and during the trial; (3) in denying Potter the right to present the defense of insanity; (4) in instructing the jury on the intent required to commit the crime charged; (5) in removing Potter from the courtroom; (6) in denying Potter effective assistance of counsel; (7) in denying Potter a fair presentence report; and (8) in imposing sentences which are both arbitrary and capricious and constitute cruel and unusual punishment. We affirm the judgments of conviction, including the sentences. The robberies occurred at night in two Boise bars on April 19, 1983. While at the first establishment, Potter called a taxicab and requested the driver to remain in the parking lot. According to witnesses, Potter returned to the bar and threatened the bartender with a gun and demanded money. Potter fled to the waiting cab and requested to be driven to another bar. According to the driver of the cab, Potter gave him money and told him to keep quiet. The driver immediately reported the robbery to the police after leaving Potter. Meanwhile, Potter repeated his actions at the second bar. According to the bartender and cocktail waitress, he threatened them with a gun and demanded money. Again Potter fled to a waiting cab and was dropped off at another bar. Based on a description of the robber given by the victims, Potter was arrested the same evening at a bus station. It was discovered that the gun Potter displayed during the crimes was not loaded.